No Jail for Violent Attack on Girlfriend
No Jail for Violent Attack on Girlfriend
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Charge(s):
CC; s.266 – Assault (domestic)
Allegations:
My client and his girlfriend became engaged in heated verbal argument as he was driving her home. After refusing to pull over and let her out, the complainant tried to open the door and jump out of the moving vehicle. She also grabbed the steering wheel and tried to cause an accident. My client became enraged with her and began to pull her hair, causing clumps of hair to come out. As she struggled with him, and kicked her legs out the window, her boots fell off, onto the road. He then proceeded to punch her repeatedly in the head and face. He eventually pulled over and she managed to escape and run away barefoot in the snow to call 911 from a store.
Result:
Although the complainant was unlikely to show up at trial, my client instructed me to change his plea to guilty and accept the resolution proposal of a suspended sentence and a period of probation for one year. No jail.
Domestic Violence Charge Withdrawn
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Charge(s):
CC: s.266 – Assault (domestic)
Allegations:
After having a few drinks on New Years Eve, my client had an altercation with his wife and with his neighbour. After hitting his wife, and breaking a vase over her head, resulting in a bleeding cut to her forehead, their children fled to the neighbour’s residence, on two separate occassions. The neighbour confronted my client, resulting in a further physical altercation between them.
Result:
As a result of difficulties in the Crown’s case (the complainant refused to cooperate and the children only heard, but did not actually witness the assault), the Crown would have been unable to prove their case at trial and, consequently, withdrew the charge. No criminal conviction.
No Jail for Beating a Snitch and Tossing Him Into a Lake
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Charge(s):
CC: s.266 – Assault
Allegations:
My client, who had recently been released from prison, and his friend, approached an individual and accused him of being a rat. They taunted and threatened him and dragged him toward a dock. When he resisted, they kicked him in the ribs and then grabbed him by the arms and legs and carried him to the end of a dock and threw him off the edge, into the lake.
Result:
My client received a fine of $500. No jail.
Domestic Charge Withdrawn Again
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Charge(s):
CC: s.266 – Assault
Allegations:
My client had an argument with his wife, as they walked home from an evening at the local bar. A witness claimed to have seen my client push his wife down an embankment. She refused to cooperate with the police, claiming it never happened. Due to the lengthy history of allegations of domestic violence between these two parties, the police opted to charge him anyway.
Result:
I persuaded the Crown to agree that, given the complainant’s lack of cooperation, there was no reasonable likelihood of a conviction. The Crown agreed and withdrew the charge (again).
Probation for Sexual Assault on a Minor
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Charge(s):
CC: s.152 – Invitation to Sexual Touching
Allegations:
My client knocked at the window of a boy who was sleeping and asked him for a blow job. Both my client and the boy lived in the same group home. After the boy refused, my client entered his bedroom and repeated the demand, this time grabbing his hand and trying to force him to touch his penis. Again the boy refused. When another boy, who was awakened by the commotion, entered the bedroom, my client ran away.
Result:
Shortly before the day of trial, as a result of numerous mitigating factors, the Crown agreed to a suspended sentence and probation for 18 months for him to get the help he needs, instead of jail, with one of the conditions being that he not be around any child under the age of fourteen, without adult supervision.
