Wife Assaults Husband (Airdrie) – Charge Withdrawn

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Charge Withdrawn.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.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Charges Withdrawn.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.

Charges:
CC: s.348(1)(A) – Break & Enter with Intent to Commit and Indictable Offence, s.266 – Assault x 2, s.246(A) – Choking or Strangling.

Allegations:
My client broke into his ex-wife of 13 years’ new boyfriend’s residence and found them in bed together upstairs.  She yelled at him to get out and shut the door on him.  He pushed the door open again with force, causing her to fall into the wall.  He grabbed her and threw her onto the bed.  Then he proceeded to attack her new boyfriend. He jumped onto him and punched him repeatedly in the face and all over his body.  His ex-wife tried to stop him by getting between them, but my client continued to throw punches at both of them.  She believed that my client was going to kill her new boyfriend, because she saw the rage and look in his eyes.  My client wrestled with his ex and threw her off the bed.  He then pulled her new boyfriend off the bed too and began to strangle him.  He couldn’t breathe, his face was turning blue, and he nearly passed out.  His ex couldn’t get my client off him and yelled for their roommate to come and help.  My client let go of her new boyfriend and began kneeing him in the gut and then stomping him in the face and head.  My clients ex tried to protect her boyfriend by laying on top of him, but my client kept kicking and stomping them and kicked her in the head and back numerous times as well.  He then began to jump up and down on both of them. My client stopped and left only after the roommate arrived and interjected.  Both his ex-wife and her new boyfriend suffered numerous bumps and bruises all over, as well as cuts and swelling.  His ex told police that my client was violent throughout their relationship, but she had never reported it.

Result:
Charges Withdrawn.  The Crown withdrew the charges before trial.

Charges:
CC: s.4451(1)(A) – Causing Unnecessary Suffering to an Animal, s.446(1)(B) – Abandoning an Animal in Distress; APA: s.2(1) – Allowing an animal to be in Distress, s.2(1.1) – Causing an animal to be in Distress, s.2.1(B) – Fail to Provide Adequate Care to a Wounded Animal.

Allegations:
My client had agreed to take care of his roommates’ dog, after they moved out into a new place that did not allow pets.  The police were called by a neighbour who watched and video-recorded my client beating this dog outside one evening.  The neighbour heard a dog screaming from next door.  She looked outside her window and saw my client pick up the dog by its paws and repeatedly slam it onto the ground.  She also observed him kicking the dog on its underside numerous times.  My client admitted that he physically abused the dog in a fit of anger because she had defecated in the house, again.  The dog was examined by a veterinarian, who noted that the dog had severe injuries, including: subcutaneous emphysema over her right chest and abdomen, edema down the left and right sides, swelling of her chest, and several broken ribs.  The vet also noted air in the subcutaneous tissues over the dog’s back, abdomen, neck and sternum.  The dog’s chest appeared to be caved in on the right side, and had fluid around her kidney and liver.  The dog was left outside all night in severe distress.

Result:
The Crown was seeking 8-12 months in jail.  I argued for a CSO.  The judge followed case precedents, and imposed 90 days of jail, to be served intermittently (weekends only), followed by a period of probation.  He is also prohibited from owning pets for 10 years.

Charges:
CC: s.266 – Assault x 11, s.267(A) – Assault with a Weapon x 3, Assault Causing Bodily Harm, s.264.1(1)(A) – Uttering Threats.

Allegations:
My client repeatedly physically abused his wife over a period of one year.  The violence included: pushing, pulling her by the hair, slapping, punching repeatedly, kicking, throwing her into a wall, and throwing her onto the floor and kicking her in the back.  He also threw several objects at his wife, ripped her clothes, and caused numerous injuries injuries, including: bruises all over her body, scrapes and cuts.  On one occasion, he threw her into the corner of a wall, causing a gash on the top of head, 6 inches long, requiring 8 staples to close the wound.  He also broke a flower vase, and held a piece of broken glass to her throat, and attacked her with a knife, causing a cut on her back.

Result:
The Crown, understandably, was seeking a lengthy period of incarceration.  However, I obtained for him a 6-Month Conditional Sentence Order and 12 Months Probation.