Harassment Charges Disappear!
Harassment Charges Disappear!
Read moreCharge(s):
CC: s.145(5.1) – Breach of Undertaking x 2, s.264 – Criminal Harrassment
Allegations:
As a result of committing an assault upon his girlfriend, my client was bound by undertaking to avoid communicating with her. About 10 days later, my client sent text messages to her and was warned not to do that again. Then, about one week after that, he sent obscene images to her via text message. Also, he had been seen driving by her house 4 or 5 times per day, blasting his music and revving his engine very loudly as he drove by. He would also park near her workplace and watch her through the windows. He would also blast his music and rev his engine loudly to get her attention.
Result:
The day prior to his scheduled trial date, the Crown fell ill and was requesting an adjournment. I opposed the adjournment but offered to resolve it through a Peace Bond. The Crown agreed. However, on the day of trial, the complainant failed to attend, so all charges were withdrawn. Despite my client having a criminal record, including a prior conviction for domestic assault, all of his charges were withdrawn. No criminal convictions.
Spousal Assault, Firearms and Breaches, all Withdrawn
Read moreCharge(s):
CC: s. 266 – Assault, s.86(1) – Careless Storage of a Firearm, s.145(3) x 2 – Breaches of Recognizance; PAFVA: s.13.1(1(a) x 2 – Breaches of Emergency Protection Order
Allegations:
My client was accused of assaulting his wife during a heated argument over car keys by grabbing her and throwing her to the floor. She claimed that she cried out to their teenage son for help and that he had to physically pull my client, his father, away from his mother. Police seized a dozen various types of firearms scattered on the floor and shelves of the closet and ammunition within close proximity. One firearm in particular, a .22 Ruger was found in its case with 25 rounds of ammunition in the clip and ready for use. Within a few weeks of his release from custody, he was charged with breaching his conditions to stay away from her and to not attend at her residence. She reported numerous complaints in this regard, including, him telephoning her, sending her text messages, meeting her at a restaurant and going into her house and garage.
Result:
Both matters were scheduled separately for trial, as my client had a defence to most of the charges. Further to resolution negotiations, I persuaded the Crown to agree to withdraw all charges, upon him entering into a Peace Bond for a period of one year. Despite his criminal record, and despite the fact that he had already had a previous assualt charge and weapons charge dealt with by way of a Peace Bond, I was still able to negotiate the withdrawal of all criminal charges. No criminal convictions.
Charges Withdrawn in Repeated Domestic Violence
Read moreCharge(s):
CC: s.266 x 2 – Assault, s.264.1 x 2 – Uttering Threats, s.145(2) – Fail to Attend Court, s.264(2) – Criminal Harassment, s.145(3) – Breach Recognizance x 2
Allegations:
My client assaulted his girlfriend on two separate occasions, failed to attend court, and breached his conditions of release by threatening and harassing her.
Result:
He was sentenced to one day on the breaches and entered into a peace bond in relation to the substantive charges.
All Charges Withdrawn in Violent Attack with a Knife While on Bail for Stabbing
Read moreCharge(s):
CC: s.88(1) – Possession of a weapon for a Dangerous Purpose, s.266 – Assault, s.267(a) – Assault with a Weapon, s.264.1 – Uttering Death Threats, s.430(4) – Mischief, s.145(3) x 4 – Breach of Recognizance; CDSA; s.4(1) – Possession of a Controlled Substance
Allegations:
My client entered his girlfriend’s bedroom (in his house) and found her in bed with his friend and roommate. He became enraged and attacked both of them by throwing his girlfriend and repeatedly punching his friend and trying to choke him. He then smashed his friend’s laptop computer and struck him by throwing glass mugs at him. He then produced a knife and threatened to kill him. The police attended and found some marijuana in my client’s room. He was on bail for allegedly stabbing another person at the time of this incident.
Result:
On the day of trial, none of the witnesses appeared, therefore the Crown entered a Stay of Proceedings in relation to all charges against my client. No criminal convictions.
Stabbing Charge Reduced to a Weapon Offence and a Fine
Read moreCharge(s):
CC: s.267(a) – Assault with a Weapon, s.267(b) – Assault Causing Bodily Harm, 145(3) – Breach of Recognizance
Allegations:
Following an altercation with some guys at a house party, my client returned to his residence, retrieved a kitchen knife, and returned to the residence in order to confront a particular individual. During a fight, out on a sidewalk, with two other guys, my client stabbed one of them with this knife in the gut. He was on bail for another incident (also involving an assault with a knife) at the time of this offence, and therefore was in breach of his release conditions.
Result:
On the day of trial, my client accepted the Crown’s proposal to resolve by way of guilty pleas to “possession of a weapon for a dangerous purpose” and the breach. All other charges were withdrawn. He paid fines totalling $750. No jail.
