Drunken Rampage and Assault Police Officer Charges Withdrawn
Drunken Rampage and Assault Police Officer Charges Withdrawn
Read moreCharge(s):
CC: s.270(1)(a) – Assault Police Officer, s.129(a) – Resist Arrest
Allegations:
My client was severely intoxicated and caused a disturbance at a nice hotel. Security was called to the lounge, where my client had thrown some bar stools and was being loud and beligerant with staff members and other patrons, after being refused service. My client then attempted to engage security in a fight by taunting them and making derogatory comments. My client left the area and returned to his room. Moments later, security received another complaint tht my client had pushed some teenagers in a hallway and their parents were upset. Security confronted my client at his room, where he tried to slam the door on them and then hid in the bathroom. At this point, the RCMP were called to assist in removing him from the premises. My client then tried to start another fight with security before running away. RCMP officers assisted security in locating my client, who was hiding in a backspace near the elevators. He was talking to himself and hitting the elevators with his elbows. Police arrested him, placed him in handcuffs and, while in the process of escorting my client out of the building, my client dropped his weight to the floor, tripping and pulling the officers down with him. One officer fell on his back and the other officer fell on top of my client. My client continued to resist and to swear at the officers during his arrest processing at the police station.
Result:
I negotiated a referral to the Alternative Measures Program on the resist arrest charge only. My client was required to write letters of apology to the hotel and to the police, as well as to make a charitable donation of $100 to the local food bank. All charges were withdrawn. No criminal record.
Robbery Charge Reduced to Assault
Read moreCharge(s):
CC: s.344(b) – Robbery
Allegations:
My client hired an escort through an online escort agency to attend at his hotel room. She requested payment of $300 in advance. They talked for 15 minutes, then my client offered to give her a massage. After a few minutes, he turned her over and aggressively pulled at her panties. She protested and told him to stop. He got angry and demanded a refund. She refused. He attempted to forcefully remove the money from her purse. A struggle over the purse ensued. He assaulted her in the process. She threw the money on the floor, locked herself in the bathroom and called 911.
Result:
The matter was scheduled for trial, on the basis that he had a defence to the theft portion of the robbery charge. The victim failed to appear for trial, pursuant to a served subpoena. The Crown succeeded in obtaining an adjournment and a witness warrant. A new date for trial was set. This time the victim showed up, so I negotiated a plea deal to simple assault only (a charge to which he had no defence). We adjourned for the purpose of negotiating an agreed statement of facts. In the process of seeking further instructions from my client, he absconded from Canada, in order to pursue overseas employment. I sought leave to withdraw as Counsel of Record and a warrant issued for his arrest. His intention is to rehire me to conclude this matter upon his return to Canada.
Domestic Violence Charge Withdrawn Again
Read moreCharge(s):
CC: s.266 – Assault
Allegations:
My client engaged his wife in a heated verbal dispute. The argument continued in the kitchen area, where my client smashed a plate of food and then struck his wife in the face, knocking off her glasses. She ran outside and called the police. He locked her out. Their child was in his room, sleeping. She feared for his safety. Police could not get my client to open the door, so they entered by force by breaking a basement window. They found him in his room, pretending to be asleep. His wife had two small lacerations, dried blood, bruising and swelling to her face.
Result:
The Crown initially refused to resolve the matter by way of a Peace Bond, because this was not the first time my client had been charged with assaulting his wife. In addition, a previous domestic assault had already been resolved with a Peace Bond, a few years prior. I tendered a plea of “Not Guilty,” and scheduled the matter for trial. On the day of trial, his wife did not appear. She had communicated in advance to the Crown that it was all a big misunderstanding; that he had not assault her; that she did not wish to proceed with the charge, etc. On that basis, the Crown did not seek a witness warrant and the charge was dismissed. No criminal conviction.
Peace Bond Refused, Charge Withdrawn in Domestic Violence
Read moreCharge(s):
CC: s.266 – Assault
Allegations:
My client attacked her husband upon awakening in the morning. She verbally attacked his daughter as well and pushed her. She then struck her husband with an unknown object, causing abrasions to his back and drawing blood.
Result:
She refused to accept the Crown’s resolution proposal of a peace bond, insisting instead that she did not assault him, and that he assaulted her. On the morning of the scheduled trial date, the Crown withdrew the charge. No criminal conviction.
Domestic Assault Charge Withdrawn
Read moreCharge(s):
CC: s.266 – Assault
Allegations:
My client got into a heated argument with his wife because he had consumed some beer and she was refusing to let him drive. A witness watched him slap her across the face and called the police.
Result:
I negotiated for the criminal charge to we withdrawn, upon him entering into a peace bond with a condition that he attend for some counseling. No criminal conviction.
