Domestic violence (Cochrane) – Charges Withdrawn

Charges:
CC: s.264.1(1)(A) – Uttering Threats; s.266 – Assault. s.145(3) – Fail to Comply with Recognizance.

Allegations:
My client’s wife came home from work to find him passed out on the couch and her vehicle damaged.  She woke him and asked him for her vehicle keys.  He flew into a rage and, while searching for her keys, yelled and swore at her, saying that he was going to kill her.  After finding her keys, he threw them hard at her. My client is a recovering heroin addict and his wife is afraid of him and fears for their daughter’s safety. Police seized 8 firearms, assorted ammunition, 2 bows and 3 boxes of arrows. A warrant issued for his arrest.  He showed up to the police station, extremely intoxicated and belligerent, trying to record the conversation, and arguing with everyone. He later breached his release conditions by contacting his wife.

Result:
Charges Withdrawn.  Resolved with a Peace Bond.

Charges:
CC: s.267(A) – Assault with a Weapon

Allegations:
My 15 year-old client got upset with her 14 year-old brother over something minor and threw an apple at him.  Later on, she got upset with him about 2 screwdrivers that weren’t supposed to be in a kitchen drawer.  She threw both screwdrivers at him.  One narrowly missed his head, the other grazed his arm, causing a long scratch.  He called his mother, who was at work, to tell her what happened.  Finally, while her brother was on his bed, my client entered his bedroom with a full bowl of cereal, asked him if he was going to finish this.  He said yes.  She then threw it at him, causing milk and cereal to spill all over his bed, and said: “enjoy!” This time, he called the police.

Result:
Charges Withdrawn.  Extra-Judicial Sanctions Program.

Charges:
CC: s.266 – Assault, s.270.1(1) – Attempting to Disarm a Police Officer

Allegations:
My client’s sponsor called 911 to conduct a welfare check on my client because she had concerns that she was on drugs, extremely distraught and potentially suicidal.  Police attended and transported my client and her girlfriend to the hospital.  Both had ingested hallucinogenic mushrooms and other drugs, and were behaving erratically.  At the hospital, both grew increasingly hostile and verbally abusive toward everyone there.  A police officer tried to force my client to leave, so that the doctor could deal with her girlfriend, who was experiencing a severe anxiety attack and screaming at everyone.  My client refused to leave, and fought against their efforts to be removed by force.  After she was pried off of her girlfriend, she punched one of the hospital orderlies in the testicles twice, and grabbed a police officer’s baton, as she was being wrestled down to the floor.  Once restrained, she was sedated to reduce her violent behaviour.

Result:
Charges Withdrawn before trial. Mental Health Diversion Program.

Charges:
CC: s.267(A) – Assault with a Weapon, s.439(4) – Mischief

Allegations:
My client and her son went to his ex-girlfriend’s grandmother’s house, in order to retrieve some personal items that she took while she was living with them.  They were banging on her door but they were being ignored.  Finally, they answered the door and told them to leave.  My client and her son began pushing on the door and trying to force their way inside.  My client’s son entered through a bedroom window and was struggling with his ex-girlfriend when my client picked up and threw a heavy ashtray at her.  They got what they wanted and left.  Her son was charge with Breaking & Entering and Robbery.

Result:
Charges Withdrawn. Resolved with a Peace Bond before trial.

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.