Domestic Violence and Threats – Charges Withdrawn

Charges:       

CC: s.266 – Assault x 2, s.264.1(1)(a) – Uttering Threats

Allegations:

My client was accused of assaulting both his girlfriend and her teenage daughter and threatening to smash his girlfriend’s head into the wall, break her neck and burn her with a cigarette.

Result:          

I resolved his matters with a Peace Bond, resulting in the immediate withdrawal of all criminal charges.

Charges:       

CC: s.151 – Sexually Touching a Minor, s.271 – Sexual Assault of a Minor, s.270(1)(b) – Assault Police Officer with Intent to Resist Arrest, s.129(a) – Escape Lawful Custody.

Allegations:

My client was accused of groping girls at a music concert at a casino.  He fought the security guards who kicked him out, and then he assaulted the police officer that arrested him, ripping his uniform, and attempted to strike other officers. He also tried to grab the police officer’s gun while being escorted from the premises and kicked at the glass on the door while being brought out.  He was heavily intoxicated.

Result:          

I negotiated a guilty plea to resisting arrest only and obtained a conditional discharge, resulting in all criminal charges being withdrawn at completion of one year on probation.

Charges:       

CC: s.279(1)(a) – Kidnapping / Child Abduction, s.267(b) – Assault Causing Bodily Harm, s.270(1)(a) – Assault Police Officer, s.279(2) – Forcible confinement, CDSA: s.4(1) – Possession of a Controlled Substance (crack cocaine).

Allegations:

My client was accused of numerous offences, over a period of several months. First, for no apparent reason, my client opened the back door of a woman’s car, grabbed her 9 year-old daughter’s arm and tried to pull her out from the back seat. Her mother freaked out and pulled on her daughter’s other arm to prevent him from taking her. Their hysterical screams got the attention of two witnesses who chased my client away.  He later returned to the scene and was arrested without incident.  At the police station, while being questioned in an interview room, my client became agitated, tried to leave, then punched a police officer in the mouth after being prevented from leaving.  Second, while in custody at the Remand Centre, my client assaulted one of his cell-mates.  Third, while being assessed at the Forensic Psychiatry Centre, my client punched a nurse in the face and then attacked a Correctional Officer by punching her in the head repeatedly.

Defense:

Automatism. My client suffers from a medical condition, known as Temporal Lobe Epilepsy, which in his case, consists of a vascular lesion in the pre-frontal cortex of his brain, known as a Cavernous Angioma, which causes bleeding in the brain.  This causes him to experience recurrent generalized focal seizures. During these seizures, he behaves abnormally, and in manner that is beyond his control, which renders him confused and without any recollection of his actions.

Result:          

These matters remain to be decided before the courts, with the calling of various medical expert witnesses.

Charges:       

CC: s.266 – Assault

Allegations:

In the midst of a heated argument with his wife over a financial issue, my client assaulted his wife by preventing her from leaving the residence, forcefully taking her purse, slapping her in the face several times and pushing her to the floor, causing her to hit her head against the tiles.

Result:          

Upon entering into a Peace Bond, the charge against my client was withdrawn.

Charges:

CC: s.334(b) – Theft Under $5000, s.355(b) – Possession of Stolen Property.

Allegations:

My client had two sets of charges. First, stole some clothing items from Winners. When the Loss Prevention Officer tried to arrest her, she ran and he chased her. When he caught her, she pulled a knife on him. He knocked it out of her hand and subdued her until the police arrived.  Second, she stole a number of items from her friend’s place, including a laptop computer, other electronics, and some expensive jewelry. She then sold these items to a pawn shop.

Result:

Regarding the first incident, my client failed to attend at her trial and a warrant was issued for her arrest. Regarding the second incident, my client did attend. However, since she failed to maintain communication with me, I was unprepared for trial and requested an adjournment. The judge refused to grant my request, so I conducted the trial on the fly and won.  She was found “Not Guilty.”