Spousal Attack and Illegal Firearms (Fort Macleod) – Charges Withdrawn

Charges:
CC: s.266 – Assault, s.86(2) – Unsecured Firearm x 2, s.91(1) – Possess Firearm Without Licence x 2, s.264.1(1)(A) – Uttering Threats

Allegations:
My client got into a big argument with his wife over the phone, because she was out getting drunk with some friends.  He told her not to come home.  She did anyway, but slept in their RV.  When he found her there, he became enraged, and began hitting and punching her repeatedly, and pulled her hair so hard that some ripped out.  She was fighting back and screaming so loud that my client stopped, in order to avoid alerting the neighbours.  She told police that he brought home a shotgun and a rifle and she was concerned for the safety of herself and her family, as he had threatened to kill her father.

Result:
On the day of trial, the Crown agreed to withdraw all charges and to resolve with a Peace Bond.

Charges:
CC: s.266 – Assault

Allegations:
My client admitted to police that she attacked her husband and struck him in the face several times.

Result:
Charge Withdrawn.  Resolved with a Peace Bond.

Charges:
CC: s.271 – Sexual Assault

Allegations:
My client, who worked in Banff, went out with some work friends in Banff, then ended up at his staff accommodations and continued to party until everyone passed out.  In the morning, the complainant woke up naked, and in bed with my client, who was spooning her, with his fingers inside her vagina and feeling her breasts.  She jumped out of bed, and yelled: “What the fuck?!”

Result:
Charge Withdrawn.  Resolved with a Peace Bond

Charges:
CC: s.271 – Sexual Assault, s.151 – Sexually Touching a Minor, s.266 – Assault

Allegations:
My 18 year-old client was living with his mother’s best friend’s family in Calgary.  One night, while the parents were out, my client was playing video games with their 14 year-old daughter in her bedroom.  My client consumed a great deal of alcohol, smoked a lot of marijuana and was extremely intoxicated.  He then began forcing himself onto her sexually.  She tried to fight him off, but he became increasingly forceful and violent.  He threw her into a wall and punched her in the face.  She tried to leave the house, but he pulled her back into the bedroom by her hair.  He pushed her onto the bed, aggressively pulled off her shorts and began licking her vagina.  She continued to fight him and try to push him away.  He grabbed her wrists, pinned her down with his weight, kissed her neck, ears and face, and forced his penis inside of her.  She suffered bruising to her neck, head, face and legs as well as a vaginal tear.

Result:
My client instructed me not to run a defence of advanced intoxication, to the point of automatism, despite him having absolutely no memory of the incident.  On the day of trial, he instructed me to accept the Crown’s resolution proposal of 3 years incarceration.  Had he been found guilty after trial, he would most likely have been sentenced to 5 years.

Charges:
CC: s.267(A) – Assault with a Weapon x 2, s.264.1(1)(A) – Uttering Threats x 2, s.87(1) – Pointing a Loaded Firearm, s.92(2) – Possession of a Prohibited Firearm without a License.

Allegations:
A neighbour called police after witnessing my drunken client yelling at his wife outside of their residence, and throwing a rake at her.  Police then obtained further information from his wife about previous acts of violence toward her including one time when he threatened her with a large butcher knife and told her to stab him or else he was going to stab her, and another time when he pointed a loaded rifle at her and told her that he was going to kill her.  My client had a criminal record and had already resolved a previous incident of domestic violence with a Peace Bond.

Result:
Charges Withdrawn.  Resolved with a Peace Bond, again.