Joshua Chubbs re­ceives con­di­tional dis­charge

Must com­ply with 12-month pro­ba­tion order

The Compass - - Sports - BY CHRIS LEWIS chris.lewis@cb­n­com­pass.ca

Joshua Chubbs re­ceived a con­di­tional dis­charge last Thursday paired with a oneyear pro­ba­tion order.

Chubbs, 23, left the Har­bour Grace provin­cial court­house along­side friends and fam­ily, and lawyer Rosellen Sul­li­van.

Chubbs was orig­i­nally charged in Fe­bru­ary of 2017 fol­low­ing re­ports that he had of­fered a Carbonear wo­man a cir­cum­ci­sion for her sev­enyear-old son, per­formed by Chubbs.

On Aug. 24, Chubbs plead guilty to a sin­gle charge of un­law­fully hold­ing out by ad­ver­tise­ment to be en­ti­tled to en­gage in med­i­cal prac­tices un­der the Med­i­cal Act of New­found­land and Labrador. Chubbs’ sec­ond charge of un­law­fully prac­tic­ing medicine with­out a li­cense was dropped due to a lack of ev­i­dence.

Dur­ing the agreed state­ment of facts read dur­ing a prior ap­pear­ance Aug. 24, it was stated that Chubbs, dur­ing an in­ves­ti­ga­tion, ad­mit­ted to of­fer­ing his ser­vices, how­ever, de­spite what could be read in Face­book mes­sages sent by Chubbs’ Face­book ac­count, did not per­form any surg­eries.

Dur­ing Chubbs’ first ap­pear­ance, crown lawyer Paul This­tle sug­gested a fine of $2,500 along with a pe­riod of pro­ba­tion. Sul­li­van, how­ever, felt as though a con­di­tional dis­charge was ap­pro­pri­ate, not­ing Chubbs’ will­ing­ness to par­tic­i­pate through­out the mat­ter, also adding that the sig­nif­i­cant me­dia cov­er­age and pub­lic’s re­sponse to the case would likely be enough to stray Chubbs away from re-of­fend­ing.

Dur­ing his de­ci­sion Fri­day af­ter­noon, Judge Bruce Short ul­ti­mately de­cided that a con­di­tional dis­charge, along with 12 months pro­ba­tion was ap­pro­pri­ate. Dur­ing the pro­ba­tion­ary pe­riod, Chubbs is to com­plete 40 hours of com­mu­nity ser­vice.

Short specif­i­cally men­tioned the fact that there was no ev­i­dence to sup­port claims that Chubbs had per­formed any surg­eries, go­ing on to say that there was no phys­i­cal harm that came as a re­sult of Chubbs’ ad­ver­tis­ing.

“Ru­mours and spec­u­la­tion have been ram­pant ever since this mat­ter be­came pub­lic,” Short said dur­ing his de­ci­sion. “How­ever, this court runs on facts, and not ru­mours. The facts of the mat­ter are that there was no proof to sug­gest any surg­eries were com­pleted, or that any­one was harmed.”

Short also went on to say that Chubbs’ of­fer­ing of the ser­vices was dis­con­cert­ing to the court, although there was no ev­i­dence to sug­gest Chubbs ever acted out on his of­fers. As a re­sult, Short sug­gested Chubbs take ad­van­tage of coun­sel­ing ser­vices.

Chubbs re­mained silent through­out the de­ci­sion.

Along with 40 hours of com­mu­nity ser­vice, Chubbs re­ceived or­ders to re­main out of con­tact with the wo­man who orig­i­nally brought the mat­ter to the at­ten­tion of the Har­bour Grace RCMP de­tach­ment, as well as any of her im­me­di­ate fam­ily. A $100 vic­tim fine sur­charge was also in­cluded in the de­ci­sion.

Chubbs ex­ited the court­house with­out com­ment; how­ever, Sul­li­van spoke with The Com­pass fol­low­ing Short’s de­ci­sion. She says she is sat­is­fied with the out­come of the case.

“I am sat­is­fied, for sure,” Sul­li­van said. “I think it was a favourable out­come. I think my client feels good, know­ing that he can fi­nally put all of this be­hind him.”

CHRIS LEWIS/THE COM­PASS

Chubbs, left, ap­peared in the Har­bour Grace provin­cial court­house twice through­out the mat­ter, both times ac­com­pa­nied by friends and fam­ily.

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