Charges Withdrawn in Drunken Domestic Tirade
Charges Withdrawn in Drunken Domestic Tirade
Read moreCharge(s):
CC: s.266 – Assault, s.264.1(1)(a) – Uttering Threats; CDSA: s.4(1) – Possession of Cannibis Resin (hashish)
Allegations:
My client assaulted his wife in their home while he was intoxicated. He became enraged, was pulling her hair and yelling at her, then punched a hole in the wall beside her. He then grabbed her by the arms and pushed her by the chest and throat up against the wall to make him listen to her. She is deaf. He was talking too fast for her to read his lips. She asked him to let her go because she had to use the bathroom. He would not, and she ended up urinating in her pants. My client then started talking about her daughter and stated that he wanted to kill her. He insisted that she drive him to Calgary to see her and her father. His wife told police that he loses his temper many times every day, where he yells, screams, swears and calls her names. He also smokes drugs every night in order to calm himself down and to relax. That night, my client was heavily intoxicated by alcohol, combined with prescription medication. After forcing her to drive him, and while they were driving toward Calgary, my client continued with his tirade and was grabbing the wheel of the vehicle. She pulled over and flagged down a passerby to call the police. While police were dealing with him, he was instantly rude, aggressive and extremely beligerant toward the officers. He refused to obey directions or to answer simple questions, telling the police to “f” off and that it was none of their f-ing business. While handcuffed in the back seat of the police cruiser, he continued to shout profanities and to yell obscenities at the officers, trying to break the door open with his upper body. His wife turned over to police a large block of hashish that she took from my client. The vehicle was also strewn with open and empty cans of beer.
Result:
On the day of trial, the Crown agreed to resolve with a Peace Bond for 12 months. The only conditions being to abstain from the use of intoxicants. All charges were withdrawn. No convictions.
Assault with a Weapon and Other Charges Dropped for Counseling
Read moreCharge(s):
CC: s.267(a) – Assault with a Weapon, s.430(1)(a) – Mischief, s.129(a) – Resisting Arrest, s.264(2)(b) – Criminal Harrassment (repeated communication), s.264(2)(c) – Criminal Harrassment (besetting dwelling house)
Allegations:
My client and his wife had recently separated and he was having great difficulty accepting their failing relationship. While picking up some personal items, that his wife left for him, he saw her in the parking lot with their two kids. She was with her friend and her two small children too. He approached them and attempted to persuade her into reconciling their relationship. She was not interested and refused to listen to him. He became enraged and started yelling at her, forcing her and her friend and the four children to lock themselves inside the vehicle as they feared for their safety. He went to his vehicle and retrieved a tire iron, returned to her vehicle and smashed her driver’s side glass, causing minor injuries to her left arm. He fled the scene prior to police arrival, yelling to her that he would return and cause further damages to her vehicle. A warrant issued for his arrest, as his whereabouts remained unknown.His wife soon after obtained an Emergency Protection Order against my client.Three weeks later, my client attended at his wife’s residence again. She called 911, while he was at her front door, trying to talk to her and gain access inside her apartment. She barricaded the door with a dresser and took her children to a safe room. She was ferful for her safety and for the safety of her children. Police located my client inside the stairwell to the building and advised him that he was under arrest. He provided police with a different name and then tried to escape by pushing his way past the offciers and run down the stairs. He was taken into custody and handcuffed.
Result:
I persuaded the Crown to withdraw the assault with a weapon charge, in exchange for guilty pleas to the charges of mischief, resisting arrest and one count of harrassment. Given my client’s fragile emotional state, I requested a Pre-Sentence Report, as well as a Psychological Assessment. Neither report was prepared in time for the sentencing, so ratehr than adjourning, we proceeded without them. By way of penatly, he received a suspended sentence and a period of probation for 18 months, with conditions that he attend for assessment and counseling as directed in order to assist him in coming to terms with the probems in his life.
Criminal Harassment and Stalking charges dropped
Read moreCharge(s):
CC: s.264(2)(a) x 2 – Criminal Harrassment (repeated following), s.264(2)(b) x 2 – Criminal Harrassment (repeated communication), s.264(2)(c) x 2 – Criminal Harrassment (besetting dwelling house), s.264(2)(d) x 2 – Criminal Harrassment (threatening conduct), s.127(1) x 2 – Breach of Restraining Order.
Allegations:
The details of these offences are complex and lengthy. However, my client was essentially accused of harrassing, stalking and threatening the complainant and her husband at various locations throughout the course of nearly 14 months. My client and the complainant were involved in an intense extra-marital affair together. When her husband found out, he ordered an end to it and, together, they obtained a restraining order against my client. However, he repeatedly violated the conditions to avoid her, as they pursued their sexual relations.
Result:
All charges were eventually dropped. My client entered into a peace bond, promising to avoid communicating with her or her husband for a period of one year. No criminal convictions.
Harassment Charges Disappear!
Read moreCharge(s):
CC: s.145(5.1) – Breach of Undertaking x 2, s.264 – Criminal Harrassment
Allegations:
As a result of committing an assault upon his girlfriend, my client was bound by undertaking to avoid communicating with her. About 10 days later, my client sent text messages to her and was warned not to do that again. Then, about one week after that, he sent obscene images to her via text message. Also, he had been seen driving by her house 4 or 5 times per day, blasting his music and revving his engine very loudly as he drove by. He would also park near her workplace and watch her through the windows. He would also blast his music and rev his engine loudly to get her attention.
Result:
The day prior to his scheduled trial date, the Crown fell ill and was requesting an adjournment. I opposed the adjournment but offered to resolve it through a Peace Bond. The Crown agreed. However, on the day of trial, the complainant failed to attend, so all charges were withdrawn. Despite my client having a criminal record, including a prior conviction for domestic assault, all of his charges were withdrawn. No criminal convictions.
Violent Offender Gets Probation Again for Attacking Police While on Release
Read moreCharge(s):
CC: s.270(1)(a) – Assault Peace Officer, s.129(a) – Obstruct Peace Officer, s.264.1(1)(a) – Uttering Death Threats, s.733.1(1) – Breach Probation
Allegations:
My client was observed by police to be acting beligerantly with security staff at the Drop-In Centre. The police intervened and tried to get him to leave. My client, who was extremely intoxicated, began to fight with the police and threatened to kill them, as well as several D.I. patrons. He was swearing, yelling, spitting and acting completely out of control, so the police tasered him a couple of times. He had just been released from custody that day for other violent offences, including assault causing bodily harm. He was also bound by a probation order.
Result:
He received a sentence of time served in pre-trial custody, followed by another probation order, requiring him to attend for residential treatment for his alcohol addiction and other personal issues.
