Probation for Repeated Domestic Violence
Probation for Repeated Domestic Violence
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Charge(s):
CC: s.266 x 2 – Assault, s.264.1(1)(a) x 2 – Uttering Threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose, s.145(5) x 2 – Failing to Attend Court
Allegations:
My client was accused of inflicting harm on his wife on several occasions within the past eight years of their marriage. On one occasion, he threw a telephone at her, causing bruising and swelling to her hand. On another occasion, he hit her with a garbage can in the face and almost broke her nose. She lied to the hospital staff about what happened. After completing a 14-week domestic violence course, earlier charges were withdrawn. A few years later, following a heated argument, my client threw his wife down on their bed and held her down, threatening to kick out her teeth and shove a boot up her @%%. When she tried to leave, he body checked her into the wall and then left. One month later, again during a heated argument, while my client was verbally abusing his wife, she tried to calm him down by hugging him, he threw her down on the couch and held her down for about one minute, making threatening remarks, then lifted her off the couch, tearing her night gown in the process, and walked away into the kitchen. She followed him. He grabbed a hammer off the counter, pointed it at her and said: “I will break every bone in your body,” then hit a kettle with the hammer. She ran upstairs and locked herself in a room with their two small children and called police. She had visible bruising to her neck area. After being arrested and released, my client failed to attend court on two separate occasions.
Result:
Since he had already been given the benefit of a peace bond, that option was not available, so I negotiated a plea deal where my client would plead guilty to only one charge of assault. Instead of jail, my client received a suspended sentence, and probation for one year, with one condition that he participate in domestic violence counseling. All other charges were withdrawn.
Spousal Assault, Firearms and Breaches, all Withdrawn
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Charge(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.
All Charges Withdrawn in Violent Attack with a Knife While on Bail for Stabbing
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Charge(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
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Charge(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.
Serious Violent Offender Gets Probation and Charges Withdrawn
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Charge(s):
1) CC: s.267(B) – Assault Causing Bodily Harm; 2) Assault with a Weapon x 2, Possession of a Weapon for a Dangerous Purpose, Breach of Undertaking x 2.
Allegations:
My client had two separate sets of charges. First, my client admitted to punching and kicking the victim to the point of unconsciousness. Then, five days later, while on release for the first offence, he attacked two other people, by striking them in the head with a rock inside a sock, knocking one unconscious and sending both to the hospital.
Result:
Regarding the first offence, he pleaded guilty and received a sentence of time served (42 days) in pre-trial custody, followed by a period of probation. Considering his criminal record, the Crown was seeking a lengthier period of incarceration. Regarding the second set of charges, he pleaded “not guilty.” The victims were unable to be located for the purpose of serving them with a subpoena to attend the trial. Consequently, all charges were withdrawn.
