VIOLENT OFFENCES

Domestic Violence – Probation

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Charges:

CC: s.266 – Assault, s.423(1)(a) – Preventing Victim From Calling Police, s.279(2) – Forcible Confinement, s.334(b) – Theft Under $5000.

Allegations:

During a heated argument, my client’s girlfriend locked herself in a bedroom. He broke into the bedroom and then prevented her from leaving the residence. The altercation continued in the kitchen, where he knocked a drink out of her hand, then pushed her, causing her to slip and fall, hitting her head on the counter. She screamed to the neighbours for help. In anger, he broke the freezer door, prevented her from escaping again by pushing her down, causing her to believe that he had broken her arm. He slapped her across the face, injuring her jaw, and causing a tooth to get knocked out.  He then took her phone to prevent her from calling the police, as well as her car and house keys and left.

Result:

On the day of trial, because the complainant attended and was ready to proceed, I negotiated a plea to simple assault only and he was placed on probation for 12 months. All other charges were withdrawn.

Vicious Beating – Charges Dismissed

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Charges:

CC: s.268 – Aggravated Assault, s.733.1 x 6 – Fail to Comply with Probation Order

Allegations:

My client, together with her sister, her mother and her boyfriend, who were all homeless at the time, were sleeping under a bridge downtown. At 3:00 am, my client awoke to her boyfriend raping her sister.  However, my client thought that her sister was having consensual sexual relations with her boyfriend.  In a fit of rage, my client attacked her sister and beat her repeatedly by punching, kicking and hitting her with a stick all over her body.  Her boyfriend also joined in the vicious beating.  They beat her so badly that they put her in the hospital.  She suffered contusions and lacerations all over her entire body, her eyes were swollen shut, and she had bleeding in her brain.  They then left her there, with her intoxicated mother, who apparently knows nothing about the incident, and went to sleep elsewhere.

Result:

Because the victim did not appear on the day of the Preliminary Inquiry, and could not be located, all charges were dismissed.

Domestic Violence – Peace Bond (charge withdrawn)

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Charges:

CC: s.266 – Assault

Allegations:

My client attacked her boyfriend by striking him in the face and head several times.

Result:

I resolved her matter with a peace bond, resulting in her criminal charge being withdrawn.

Domestic Violence and Firearms – Peace Bond (charges withdrawn)

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Charges:

CC: s.266 – Assault, s.86(2) x 2 – Improper Storage of Firearms (Shotgun & Rifle), s.91(1) x 2 – Possess Firearms Without a License, s.264.1(1) – Uttering Threats.

Allegations:

My client was accused of assaulting his wife by repeatedly punching her and ripping out her hair.  He also threatened to kill her father. Police found two improperly stored firearms (a shotgun and a rifle) in his residence.

Result:

On the day of trial, I resolved his matters with a Peace Bond, resulting in the immediate withdrawal of all criminal charges. No record.

Armed Robbery – Time Served & Probation

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Charges:

CC: s.344(1)(b) – Armed Robbery, s.351(2) – Face Masked to Commit an Indictable Offence, s.266 – Assault.

Allegations:

My client had two sets of charges. First, she assaulted a coworker by punching her in the face, then, while on bail for that offence, she attempted to rob a liquor store, armed with an imitation firearm (hand gun).

Result:

This is a serious offence, which normally carries a very lengthy period of incarceration. I resolved her matters together by getting out of jail with the time she had served in pre-trial custody, followed by a period of probation.