Fight Ends With Death Threats by Pointing a Firearm – All Charges Withdrawn

Read more
Charges:

CC: s.87 – Pointing a Firearm at Someone, s.86(1) – Unsafely Carry a Loaded Firearm, s.91(2) – Possess Firearm Without Valid Permit, s.88 – Possession of a Weapon for a Dangerous Purpose, s.249(1)(a) – Dangerous Driving.

Allegations:

My client was having problems with the complainant, whom he had agreed to allow to reside with him and his family for a while.  After consuming copious amounts of alcohol, they went for a drive. While the complainant was relieving himself outside of the vehicle, my client attempted to drive away. However, the complainant jumped onto the driver’s side of the truck and held on, while my client continued to drive at a high speed for over 300 metres. The complainant grabbed the steering wheel and the vehicle crashed into a ditch and rolled.  Upon exiting the vehicle, the complainant assaulted my client and then they stumbled back to the residence together, whereupon my client grabbed his rifle, pointed it at the complainant and threatened to shoot him, if he didn’t leave right away.

Result:

Since the police were unable to locate the complainant, in order to serve him with a subpoena to attend at the trial, the Crown Entered a stay of Proceedings, effectively withdrawing all of the charges.

Domestic Violence – Probation

Read more
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 All other charges were withdrawn.

Vicious Beating – Charges Dismissed

Read more
Charges:

CC: s.268 – Aggravated Assault, s.733.1 x 6 – Fail to Comply with Probation Order

Allegations:

My client, together with her sister, her mother and her boyfriend, who were all homeless at the time, were sleeping under a bridge downtown. At 3:00 am, my client awoke to her boyfriend raping her sister.  However, my client thought that her sister was having consensual sexual relations with her boyfriend.  In a fit of rage, my client attacked her sister and beat her repeatedly by punching, kicking and hitting her with a stick all over her body.  Her boyfriend also joined in the vicious beating.  They beat her so badly that they put her in the hospital.  She suffered contusions and lacerations all over her entire body, her eyes were swollen shut, and she had bleeding in her brain.  They then left her there, with her intoxicated mother, who apparently knows nothing about the incident, and went to sleep elsewhere.

Result:

Because the victim did not appear on the day of the Preliminary Inquiry, and could not be located, all charges were dismissed.

Domestic Violence – Peace Bond (charge withdrawn)

Read more
Charges:

CC: s.266 – Assault

Allegations:

My client attacked her boyfriend by striking him in the face and head several times.

Result:

I resolved her matter with a peace bond, resulting in her criminal charge being withdrawn.