Lena Josie granted conditional discharge on assault conviction, avoiding criminal record.
An Old Crow woman has been granted a conditional discharge, on appealing her assault conviction, after a judge ruled the original punishment unfit.
During the original sentence to Lena Josie, she admitted to smoked marijuana daily to help calm her down.
She pleaded guilty of assaulting another person at the Old Crow Co-Op in an incident in 2016.
The Crown wanted a suspended sentence, which would have given Josie a criminal record, while the defense wanted a conditional discharge.
Yet the sentencing judge noted that Josie's pre-sentencing report of her admitting to smoking marijuana was the reason for granting the Crowns request as marijuana was still illegal.
However, Justice Ron Veale ruled Tuesday that Josie should not have been punished for disclosing her marijuana use and that the assault was not connected to Josie using marijuana.
Veale ruled that imposing a suspended sentence is not in the public's best interest and that Josie, who has taken counselling, taken responsibility for her actions and apologized, should not have a criminal record.