A judge has granted an absolute discharge in the Swiss man Ottawa assault case, meaning the accused was found guilty but will not receive a criminal conviction or additional court-ordered conditions. David Henschel, a 58-year-old defence contractor and former British military member who lives in Switzerland, had pleaded guilty to assaulting a young pro-Palestinian protester outside the CANSEC defence industry convention in 2024.
The ruling has attracted significant attention because prosecutors had requested a custodial sentence, while the defence argued that an absolute discharge was appropriate. The Crown has described the outcome as unfit and confirmed that it has filed an appeal.
The case has also prompted wider discussion about sentencing, hate-motivated conduct, protest safety and the legal consequences of an absolute discharge in Canada.
What Happened in the Swiss Man Ottawa Assault Case?
The Swiss man Ottawa assault case began during the CANSEC defence and security trade show in May 2024. Henschel had travelled to Canada from Switzerland to attend the annual convention while working for the munitions company Rheinmetall Waffe Munition Schweiz AG.
According to the agreed statement of facts presented in court, Henschel encountered several demonstrators while walking from his hotel toward the convention venue. The exchanges became tense as protesters challenged him over his participation in the event.
A 21-year-old Canadian-Palestinian woman wearing a hijab approached Henschel and accused him of supporting genocide by attending the arms convention. After a brief exchange, Henschel intentionally struck her in the face with a closed fist, causing her to fall to the ground.
Bystanders recorded portions of the incident, and the footage later became evidence in the proceedings. After striking the woman, Henschel continued walking and pushed another protester before being hit with a megaphone and arrested.
Henschel pleaded guilty in 2025, leaving the court to determine the appropriate sentence.
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Why the Judge Granted an Absolute Discharge
Ontario Court Justice Norman Boxall accepted the defence request for an absolute discharge. This outcome records a finding of guilt but does not register a conviction against the offender.
The judge characterized the assault as a criminal act but concluded that it was a frustrated and emotional response during a heated confrontation. He also determined that Henschel had demonstrated remorse following the incident.
The defence had presented evidence about Henschel’s background as a veteran of the British Armed Forces. He had served in conflict zones including Iraq, Afghanistan and the former Yugoslavia before leaving military service in the mid-2000s.
A psychologist testified that Henschel had severe post-traumatic stress disorder, diabetes and hypertension. His lawyer argued that he felt threatened by the crowd and experienced a fight-or-flight reaction.
However, the judge did not find that PTSD or diabetes directly caused the assault. He also rejected the Crown’s argument that the attack was motivated by racism, despite evidence that Henschel had made comments about being racist during an earlier exchange with demonstrators.
The court concluded that a conviction was not necessary in the circumstances, resulting in the absolute discharge.
Crown Sought Jail Time and Plans an Appeal
The prosecution had requested a sentence of two years less a day in custody, followed by three years of probation. It also wanted a condition preventing Henschel from returning to Canada.
Assistant Crown attorney Moiz Karimjee argued that the assault affected not only the victim but also Ottawa’s Muslim and Palestinian communities. The Crown maintained that the circumstances required a strong sentence focused on denunciation and deterrence.
Following the decision, Karimjee described the sentence as “demonstrably unfit” and confirmed that an appeal had already been filed.
An appeal does not automatically overturn the discharge. A higher court will need to decide whether the sentencing judge made a legal error or imposed an outcome that falls outside the acceptable range.
The planned appeal means the Swiss man Ottawa assault case may continue through the court system despite the discharge.
Victim and Supporters React to the Decision
The woman who was assaulted, identified in reporting as Sali Hashem, told the court that the incident had a lasting emotional and physical impact. She said she had been peacefully expressing her views and believed she was targeted because of her identity and political position.
Hashem described experiencing pain and ringing in her ears after regaining awareness. She told the court that the event remained with her like a nightmare.
During an earlier sentencing hearing, Henschel apologized directly to Hashem and expressed regret for the harm he had caused. The defence said that the case had also affected his employment and reputation, leading him to resign from his position.
Supporters of the victim reacted angrily when the absolute discharge was announced. Some people in the courtroom shouted in protest after the proceedings ended, reflecting strong disagreement with the judge’s reasoning and sentence.
The reaction illustrates how sentencing decisions can create tension when the legal outcome differs sharply from the expectations of victims or affected communities.
What an Absolute Discharge Means in Canada
An absolute discharge is a sentencing option available under Canadian criminal law when a person is found guilty but the court decides that entering a conviction would not be in the public interest.
Unlike probation or a conditional discharge, an absolute discharge does not require the offender to follow continuing court-imposed conditions. Once it is granted, the person is discharged immediately.
The ruling does not mean that the assault did not occur or that the accused was found innocent. Henschel’s guilty plea and the court’s finding of guilt remain central to the case.
However, he will not have a criminal conviction resulting from the assault unless the Crown successfully challenges the sentence on appeal.
Absolute discharges are generally intended for cases in which a judge believes that a conviction would cause disproportionate consequences and that public safety or deterrence does not require a harsher result.
In the Swiss man Ottawa assault case, the judge weighed the seriousness of the incident against Henschel’s personal history, remorse and the circumstances surrounding the confrontation.