Seizures Cause Erratic Behaviour Beyond Client’s Control

Charges:       

CC: s.279(1)(a) – Kidnapping / Child Abduction, s.267(b) – Assault Causing Bodily Harm, s.270(1)(a) – Assault Police Officer, s.279(2) – Forcible confinement, CDSA: s.4(1) – Possession of a Controlled Substance (crack cocaine).

Allegations:

My client was accused of numerous offences, over a period of several months. First, for no apparent reason, my client opened the back door of a woman’s car, grabbed her 9 year-old daughter’s arm and tried to pull her out from the back seat. Her mother freaked out and pulled on her daughter’s other arm to prevent him from taking her. Their hysterical screams got the attention of two witnesses who chased my client away.  He later returned to the scene and was arrested without incident.  At the police station, while being questioned in an interview room, my client became agitated, tried to leave, then punched a police officer in the mouth after being prevented from leaving.  Second, while in custody at the Remand Centre, my client assaulted one of his cell-mates.  Third, while being assessed at the Forensic Psychiatry Centre, my client punched a nurse in the face and then attacked a Correctional Officer by punching her in the head repeatedly.

Defense:

Automatism. My client suffers from a medical condition, known as Temporal Lobe Epilepsy, which in his case, consists of a vascular lesion in the pre-frontal cortex of his brain, known as a Cavernous Angioma, which causes bleeding in the brain.  This causes him to experience recurrent generalized focal seizures. During these seizures, he behaves abnormally, and in manner that is beyond his control, which renders him confused and without any recollection of his actions.

Result:          

These matters remain to be decided before the courts, with the calling of various medical expert witnesses.

Charges:       

CC: s.266 – Assault

Allegations:

In the midst of a heated argument with his wife over a financial issue, my client assaulted his wife by preventing her from leaving the residence, forcefully taking her purse, slapping her in the face several times and pushing her to the floor, causing her to hit her head against the tiles.

Result:          

Upon entering into a Peace Bond, the charge against my client was withdrawn.

Charge(s):

CC: s. 266 – Assault (domestic)

Allegations:

Police were notified by Child and Family Services that my client’s 11 year-old daughter reported to them that my client assaulted her the day prior. She told police that my client was angry with her and was trying to physically discipline her, so she was hiding behind her sister on her bed. Her sister was upset, crying, and asking him to stop. He reached around her, hit her once on her arm. He then pulled her out of the bedroom by her wrist and by her hair, and dragged her half way down the hall before letting her go, causing her to hit her head on the floor. He then hit her on her arm and side with the top of an open bottle of water, causing the water to fall out. He then got his shoes on and left, saying that he was going to kill himself. That night, she had trouble sleeping. She felt dizzy and vommitted twice throughout the early morning, believing that she might have suffered a concussion. My client had a dated but related record, consisting of prior convictions for offences, such as possession of an offensive weapon and assault.

Result:

The day before the scheduled trial date, the Crown directed Stay of Proceedings. The charge was effectively withdrawn. No criminal conviction.

Charge(s):

CC: s.267(a) – Assault with a Weapon x 2, s.266 – Assault

Allegations:

My client first assaulted someone at a drunken house party. Then, soon after, my client and her brother attacked this same victim, as well as her husband, using 2×4’s. Both victims suffered serious injuries to their bodies, heads and faces. My client had previous history of violence, including one prior conviction for assault.

Result:

After trial, my client was only convicted of one of the three charges. The Crown was seeking a period a incarcertion. I argued that while, jail was appropriate in the circumstances, it was not contrary to the public interest for it to be served in the community. The judge agreed and sentenced my client to a Conditional Sentence Order for 6 months, followed by a period of probation for another 12 months. No jail.

Charge(s):

CC: s.344 – Armed Robbery

Allegations:

My client admitted to police that she helped her boyfriend to rob a gas station at knifepoint. She scoped out the location in advance and provided information about the number of employees, etc. Her boyfriend wore a a black hoodie, bandana, sunglasses and gloves, while he robbed the gas station, using a large hunting knife. He got away with cash and cigarettes. Both of them were arrested the next day.

Result:

I negotiated for my client’s charge to be diverted out of the criminal justice system and into the Extra-Judicial Sanctions program. Upon successfully completing a number of community service hours, her charge was withdrawn. No criminal record.