Cases tagged as Assaults

• R. v. D.S.2020

  The client was charged with aggravated assault. The offence involved essentially what was a fight outside of a bar. The complainant's injuries were very serious. The matter proceeded all the way to trial. Just before the trial was to start, the crown offered the client a plea to the lesser included offence of simple assault (section 266 of the Criminal Code). The client was able to avoid a jail sentence (penitentiary term), which the client would have been facing if he had been tried and convicted. This was an amazing outcome for a very serious matter.

  Assaults

• R. v. M.A.2020

  The client was charged with assault with a weapon, mischief, and unlawfully being in a dwelling house. The circumstances of the allegation were that the young person who was gainfully employed, was involved in a relationship that was tumultuous. I was able to explain the situation to the crown prosecutor, showing that the client was the real victim and had the charges dropped upon restitution being paid for damage to some of complainant's property. This was the best case scenario outcome that was achieved as the client's employment would have been at risk with a criminal record.

  Assaults Weapons Mischief

• R. v. M.H.2020

  The client was charged with assault with a weapon and uttering threats. The crown was approached to see if they would be willing to resolve the matter by way of a peace bond. Given that the client had a prior one in 2016, they were not inclined to do so. However, they did agree to an informal resolution. The client was required to attend counseling and provide proof of completion of the sessions. Once she had done so, the charges against her were withdrawn.

  Assaults Threats

• R. v. S.M.2020

  The client was charged on three different dockets. The charges included assault, assault with a weapon and uttering threats on the first. The second was for two counts of mischief, two counts mischief to property under $5000, and failing to comply. The last was for failing to attend. When we received his legal aid certificate, the client was in custody. He pleaded guilty to assault, one count of mischief to property under $5000, failing to comply, and failing to appear. The remaining charges were withdrawn. He had 14 days of pre-trial custody and was released on time served.

  Assaults Threats Weapons

• R. v. N.I.2020

  The client was charged with an offence under the Child Welfare act. I was able to work with the client to obtain relevant documentation in order to negotiate a complete withdrawal of the charge.

  Assaults Threats Harassment

• R. v. D.N.2020

  The client was charged with three separate sets of charges. One charge was for assault, and the remaining two were for failing to appear at court. The client plead guilty to the two counts of failing to appear for court, and the crown agreed to drop the assault charge. The crown prosecutor asked the judge to sentence the client to a fine. I argued that the client should receive a conditional discharge, which would leave the client without a criminal conviction after a certain period of time. The court agreed with my submissions, and the client was granted a conditional discharge.

  Assaults Conditional Discharge

• R. v. P.S.2020

  The client was charged with assault causing bodily harm against one complainant, and assault against another. The charges arose during an altercation between the parties who were strangers to each other. One of the complainants alleged that the client assaulted them, and in so doing cause injury (broken ribs). Upon review of disclosure, I was able to find discrepancies in the statements the complainants gave to police. Once I had that information, I met with the crown prosecutor to negotiate resolution of the matter. My goal was to leave my client with no criminal record/no conviction so that the matter would not impact employment. After meeting with the crown, they agreed that although they were not originally going to consider resolution of the matter by way of a referral to Alternative Measures (primarily due to the seriousness of the assault causing bodily harm charge), after hearing my pitch, they would refer the matter. The client was referred to the Alternative Measures program, and after successful completion, the charges were withdrawn, leaving my client with no criminal record/no conviction.

  Assaults

• R. v. C.D.2020

  The client was charged with an assault. The allegation is that the parties were in a dispute (they were strangers to each other) and that the client had assaulted the complainant. I was able to thoroughly review the disclosure, and determined there were significant issues with the reasonable likelihood of conviction (part of the test the crown must meet to prosecute the matter). I presented my analysis to the crown during an early case resolution meeting. The crown agreed to withdraw the charge outright. This left my client with no criminal record and no conviction.

  Assaults

• R. v. J.K.2020

  The client was charged with impaired operation, operation at or over 0.08, and assaulting a peace officer. The client initially wanted to plead not guilty, as he was adamant that he did not assault the officer. And it was clear from the disclosure that this was true. Ultimately, the client decided to plead guilty to operation at or over 0.08 to resolve the matter quickly. The remaining two charges against him were withdrawn. He was given a fine in the amount of $1500.00 and a one year driving prohibition.

  Assaults DUI Dangerous Driving

• R. v. D.R.2020

  The client was charged with sexual assault, sexual exploitation of a young person when in a position of trust, invitation to sexual touching, and sexual interference. He pleaded not guilty and the matter was down for a preliminary hearing. At the prelim, after discussions with the crown, he agreed there was not much to go on, and that at most it was an assault. The crown offered a 6 month peace bond, which the client accepted. The charges were then stayed.

  Assaults Sexual Assault Sexual Interference

• R. v. C.S.2020

  The client was charged with assault with a weapon, assaulting a peace officer with a weapon, and resisting arrest. After obtaining some background from the client regarding his mental health history, the crown was persuaded to refer the matter to the mental health diversion program. Once the client completed the requirements of the program, the charges against him were withdrawn.

  Assaults Weapons

• R. v. J.C.2020

  The client was charged with assault causing bodily harm. The charge stemmed from a domestic dispute, which both husband and wife were engaged in. The complainant later advised that she wished to recant her statement, as she was quite intoxicated and didn't remember many details about the night. Despite this, the crown was not willing to withdraw the charge outright. However, with attendance at and completion of counseling, they would reconsider. The matter was adjourned for a few months to allow the client time to do this. Once he had completed the counseling sessions and provided proof of such, the charge against him was withdrawn.

  Assaults

• R. v. D.M.2020

  The client was charged with domestic assault and immediately, the police instituted a no contact provision with the client's spouse. I was able to have that condition amended to allow for contact.

  Assaults

• R. v. K.S.2020

  The client was charged with assault stemming from a historical allegation. The complainant made the allegation in the midst of an ongoing family law dispute. The charge was laid outside of the six month window for which a summary conviction matter could be laid, so the crown would have had to elect to proceed by indictment, for this very minor matter. With that, and with the fact that it was not the complainant who reported the allegation, I approached the crown to negotiate for a withdrawal of the matter. After reviewing my reasons why the domestic assault charge should be withdrawn, the crown agreed, and it was withdrawn. This left the client with no criminal record, and no conviction.

  Assaults

• R. v. M.H.2020

  The client was charged with assault with a weapon and uttering threats. The crown was approached to see if they would be willing to resolve the matter by way of a peace bond. Given that the client had a prior one in 2016, they were not inclined to do so. However, they did agree to an informal resolution. The client was required to attend counselling and provide proof of completion of the sessions. Once she had done so, the charges against her were withdrawn.

  Assaults Threats Harassment

• R. v. S.M.2020

  The client was charged on three different dockets. The charges included assault, assault with a weapon and uttering threats on the first. The second was for two counts of mischief, two counts mischief to property under $5000, and failing to comply. The last was for failing to attend. When we received his legal aid certificate, the client was in custody. He pleaded guilty to assault, one count of mischief to property under $5000, failing to comply, and failing to appear. The remaining charges were withdrawn. He had 14 days of pre-trial custody and was released on time served.

  Assaults Threats Harassment

• R. v. M.F.2020

  The client was initially charged with criminal harassment. She was later charged again with three breaches. Extensive ECR discussions were had with the crown surrounding these two files. The charges stemmed from a neighbourly dispute and should likely have been civil matters. Eventually the crown agreed to a one year peace bond, with specific conditions, and the charges against the client were withdrawn.

  Assaults Threats Harassment

• R. v. C.S.2020

  The client was charged with assault with a weapon, assaulting a peace officer with a weapon, and resisting arrest. After obtaining some background from the client regarding his mental health history, the crown was persuaded to refer the matter to the mental health diversion program. Once the client completed the requirements of the program, the charges against him were withdrawn.

  Assaults Threats Harassment

• R. v. J.C.2020

  The client was charged with assault causing bodily harm. The charge stemmed from a domestic dispute, which both husband and wife were engaged in. The complainant later advised that she wished to recant her statement, as she was quite intoxicated and didn't remember many details about the night. Despite this, the crown was not willing to withdraw the charge outright. However, with attendance at and completion of counselling, they would reconsider. The matter was adjourned for a few months to allow the client time to do this. Once he had completed the counselling sessions and provided proof of such, the charge against him was withdrawn.

  Assaults Threats Harassment

• R. v. R.S.2020

  The client was charged with several domestic offences. The offence allegations were that of harassment, threats, and breaches of no contact orders (bail release conditions). The client did not have counsel at first, and then hired me to try to get him out of jail. I was successful in doing so. The client was released the same day we dealt with his pleas and the matter was fully resolved.

  Assaults Threats Harassment

• R. v. K.S.2020

  The client was charged with assault stemming from a historical allegation. The complainant made the allegation in the midst of an ongoing family law dispute. The charge was laid outside of the six month window for which a summary conviction matter could be laid, so the crown would have had to elect to proceed by indictment, for this very minor matter. With that, and with the fact that it was not the complainant who reported the allegation, I approached the crown to negotiate for a withdrawal of the matter. After reviewing my reasons why the domestic assault charge should be withdrawn, the crown agreed, and it was withdrawn. This left the client with no criminal record, and no conviction.

  Assaults Threats Harassment

• R. v. C.B.2019

  The client was charged on three different dockets. On one docket he was charged with assault causing bodily harm, extortion, mischief endangering life, and uttering threats. On the other two he was charged with failing to comply on one and failing to appear on the other. He pleaded guilty to assault causing bodily harm, uttering threats, mischief, and failing to appear. The other charges were withdrawn. He received a sentence of 12 months incarceration, followed by 18 months of probation. Since he had been in custody, he had some pre-trial credit, which meant he had four months left to serve. There were also some ancillary orders (primary DNA and s. 109 prohibition) imposed.

  Assaults Threats Mischief

• R. v. U.M.2019

  The client was charged with assault with a weapon. The client pleaded guilty and the matter was set down for sentencing. A pre-sentence report was ordered, which outlined some of the neurological issues the client faced after brain surgery. This was helpful because even though he had two prior convictions for assault, he was able to avoid a jail sentence, as the judge factored this in to her decision. He was given a 12 month conditional sentence order and 12 months of probation.

  Assaults Weapons Probation

• R. v. G.H.2019

  The client was charged with assault with a weapon. He pleaded not guilty and the matter was set down for trial. On the day of trial, the complainant did not show up. The crown also hadn’t subpoenaed all the officers to appear as witnesses. As such, the charge was stayed. The client avoided having another conviction on his record.

  Assaults Weapons

• R. v. R.C.2019

  The client was charged with assault. He pleaded not guilty and the matter was set down for trial. After the trial date was set, counsel had discussions about possibly resolving the matter. The crown was of the view the client needed to complete more counseling before she would be willing to do so. The client continued with the counseling and eventually the crown agreed to resolve the matter by way of a three month peace bond.

  Assaults