Assault on Ex’s New Boyfriend and Threats with an Ax Withdrawn
Assault on Ex’s New Boyfriend and Threats with an Ax Withdrawn
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Charge(s):
CC: s.266 – Assault, s.175(1)(a)(i) – Causing a Disturbance
Allegations:
My client got into a fight with his ex-wife’s new boyfriend (the complainant). He was dropping off his kids after a weekend of camping when he yelled over to the complainant to make himself useful and help him unload the kids’ belongings. The complainant walked over to my client and got into his face, so my client began to throw punches at him. They ended up wrestling around on the front lawn and it took several people to break them up. My client then went to his truck and retrieved an ax and threatened the complainant, who responded by retrieving from his house a samurai sword. The police arrived before these weapons could be used. The complainant suffered injuries, including numerous facial bruises and a severely swollen eye.
Result:
On the day of trial, the Crown agreed to withdraw the charges against my client, providing that he enter into the alternative measures program. He ended up making a charitable donation, in the amount of $500, and the criminal charges were withdrawn. No criminal convictions.
Liar Avoids Jail for Sending Police on a Wild Goose Chase
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Charge(s):
CC: 140(1)(c) – Public Mischief
Allegations:
My client called the police and told them that he had been hijacked by a native man, who forced him to drive him around, beat him and robbed him at gun point of his wallet, cell phone, shoes, jacket and wedding ring. The entire Airdrie police force spent the rest of the night scouring the city, searching for this person, to no avail. A composite sketch artist was brought in and a detailed drawing of the suspect was disseminated to the media and to the surrounding law enforcement agencies. The Forensic Identification Unit also got involved. My client provided a detailed account of the incident during a lengthy video-recorded interview with the police. The police expended a great deal of resources to solve this alleged crime. Ultimately, numerous inconsistencies led the police to suspect the veracity of his story and to reinterview him. My client confessed to having made up the entire story, in order to avoid upsetting his wife and employer. As it turns out, he picked up a female hitchhiker on his way back from work, using his company vehicle, and spent the entire evening partying in a hotel room with her, smoking crack cocaine.
Result:
The Crown was outraged and insisted on a jail sentence. He ended up receiving a Conditional Sentence Order and some community service hours. No jail.
Habitual Offender Gets a Discharge for Assaulting Peace Officers
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Charge(s):
CC: s.270(1)(C) – Assault Peace Officer x 2, s.129(A) – Obstruct Peace Officer x 2
Allegations:
My client yelled profanities at two peace officers at an LRT station. They confronted him and demanded some form of identification in order to issue him a violation ticket for employing vulgar language on LRT property. A physical struggle ensued, whereby my client was accused of assaulting the two officers. At trial, my client maintained that he was cooperating with officers and did not assault either of them. Instead, he claimed that he was the one assaulted; that he was punched in the mouth, by one of the officers, causing him to lose a tooth. The officers maintained that this occurred when my client’s face struck the ground during the arrest process. He was found not guilty of assaulting the officers, but was found guilty of obstruction (mainly, I suspect, due to his hostile and unstable behaviour on the witness stand).
Result:
In light of my client’s previous criminal record, which includes over 40 prior convictions, the Crown was initially seeking a period of incarceration. However, following the production of a pre-sentence report, and a psychological assessment, their position changed to a period of probation with many conditions, including community service hours and a fine. However, the court agreed with my submissions and granted him a conditional discharge, with no community service hours and no fine. The end result, upon the expiration of the order, will be no criminal conviction.
Probation for Beating Taxi Driver Unconscious and Fleeing from Police
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Charge(s):
CC: s.266 – Assault
Allegations:
My client took a taxi home with two friends, after a night of drinking and doing drugs. As a result of a verbal dispute with the taxi driver, he made angry racial remarks, exited the cab and kicked the door. When the driver exited to inspect the damages, the accused began punching him in the face, knocking him down, and then proceeded to kick him until he went unconscious. It took three persons to restrain him and to prevent him from inflicting further injury. As the police arrived, he fled on foot and it took the police almost two hours to track him down with a K-9 unit. He had a criminal record relating to vandalism and disobeying court orders.
Result:
After resolution discussions with the Crown, he pleaded guilty and received a minor fine and probation for 12 months. No jail.
Discharge for Assaulting Police Officers
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Charge(s):
CC: s.129(a) – Resist Arrest, Obstruction x 2, s.270(1)(a) – Assault Police Officer x2
Allegations:
My client interfered with the lawful arrest of her friends after the police were called out to a crazy bar fight. She also assaulted two police officers in the process.
Result:
On the day of trial, the Crown offered a resolution proposal. She pleaded guilty to one charge of Obstructing a Peace Officer in the course of his duties and received a Conditional Discharge. All other charges withdrawn. No criminal convictions.
