Found Not Guilty of Sexual Assault
Found Not Guilty of Sexual Assault
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Charge(s):
CC: s.271 – Sexual Assault
Allegations:
My client sexually assaulted his roommate on several occasions over a period of several months.
Result:
The matter was disputed at trial, after a Preliminary Inquiry. My client testified. The charge was dismissed. No criminal conviction.
Assault with a Weapon and Other Charges Dropped for Counseling
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Charge(s):
CC: s.267(a) – Assault With a Weapon
Allegations:
My client left his residence at 11:00 pm, to get cigarettes. An hour later, he had not yet returned, so his wife called him. He was at the bar, getting even more drunk. He returned home after 3:00 am, heavily intoxicated and woke up his wife. She had to work the next day and told him to leave her alone. He got angry and started telling her that it was over between them and that he wanted a divorce. He then began throwing furniture around the house, including throwing a chair at her. When police arrived, the house was a disaster area, with holes in walls and soil from broken potted plants everywhere.
Result:
I tendered a plea of “not guilty,” and scheduled the matter for trial. On the day of trial, the Crown withdrew the charge, as the evidence did not support a reasonable likelihood of a conviction.
Road Rage Assault Causing Bodily Harm Charge Dropped for Anger Management
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Charge(s):
CC: s.267(b) – Assault Causing Bodily Harm, s.430(1)(a) – Mischief
Allegations:
While driving home from work one day, my client was cut off by another driver who then gave flipped him the bird. My client was outraged and followed this driver in order to “discuss” his rude behaviour. Upon arrival at his residence, the complainant remained in his vehicle, while my client cursed at him through his closed window and urged him to step out. The complainant was terrified and refused to leave the safety of his vehicle. My client grew so frustrated that he punched him through the glass. The shattered glass flew into the face of complainant, causing several cuts on his face.
Result:
Despite my client’s criminal record, I persuaded the Crown to withdraw the assault causing bodily harm charge, in exchange for a guilty plea to the mischief charge. By way of penalty, my client received a suspended sentence, with a period of probation for one year, with conditions that he attend for anger management counseling and pay restitution to the victim for the cost of the ambulance bill.
Campground confrontation charges dropped
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Charge(s):
CC: s.266 – Assault and s.264.1(1)(a) – Uttering Threats
Allegations:
While camping with his family, my client’s daughter informed him that a group of older boys bullied her, pushed her down and poked her with sticks. This infuriated my client, who confronted the boys and threatened one of them to shove a stick up his @%%, if he ever did that again. When an older boy confronted my client and said that he could not talk to little kids that way, my client pushed him, cursed at him, and then kicked him in the @%%. The parents of these children then confronted my client in the form of an angry mob. One of the parents was apparently an off-duty police officer.
Result:
My client was diverted out of the criminal justice system, into the Alternative Measures Program, where he was required to make a donation, in the amount of $500, to a local charity. All charges were dropped. No criminal convictions.
Conditional Discharge for Residential B&E, Threats and Mischief
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Charge(s):
CC: s.264.1(1)(a) – Uttering Threats, s.348(1)(a) – Break and Enter Residence With Intent to Commit an Indictable Offence Therein, s.430(4) – Mischief
Allegations:
My client attended at the residence of his in-laws, where his wife and children had been staying for the past several weeks, as they were separated. They got into an argument, because she continued to refuse to allow him to see his children. She locked herself and the children inside the residence. He became enraged and attempted to enter through glass sliding doors. He then attempted to enter through a locked side door. He grabbed a metal dolly and began to smash it against the door. He was able to break the door, causing damages to the door and frame and then entered the residence. He noticed that his wife was on the phone with 911 and fled the scene in his vehicle. Police were unable to locate him, so a warrant issued for his arrest. He eventually turned himself in.
Result:
I convinced the Crown that there was no reasonable likelihood of a conviction on counts one and two. My client tendered a plea of guilty to property damage only and the Crown withdrew the other two charges (Threats and B&E). We ordered a Pre-Sentence Report and adjourned sentencing. The Crown was seeking a period of incarceration, followed by a period of probation and restitution to the victim. I argued for a conditional discharge. The judge agreed with me. After complying with a few limited conditions for one year, the remaining criminal charge will be withdrawn and my client will continue to enjoy having no criminal record. No convictions.
