Assault & Threats

Assault

R. v. X.B.
June 2015

– Charge withdrawn

Mr. B, a university student, was at a school pub consuming alcohol with fellow students celebrating a perfect score on a group assignment. He had way too much to drink. When he allegedly tried to leave without paying, security was called. When a security officer escorted him back to the bar to pay, he allegedly struck the guard in the face and chest.

Mr. B. promptly attended both anger management and substance abuse counseling.

RESULT: Initially the Crown insisted that he sign a peace bond not to have any contact with the security officer. However, presented with proof that Mr. B. had made it to the Dean’s list, the Crown dropped this requirement as it could thwart Mr. B.’s prospective teaching career.

Utter Threats (to shoot city councilor and school trustee)

R. v. M.P.
January 2013

– Charges withdrawn

M.P., a government employee, had too much to drink and too much free time. One night, a notice was slipped under his apartment door about an upcoming meeting at a local public school. The notice contained the name of the local school trustee and city councilor. Upset about the notice, Mr. P. called the trustee and councilor and threatened to “put bullets in both their heads.”

Mr. P. had a serious alcohol problem. A conviction could have cost him his job. I had him sign up immediately for alcohol abuse counseling.

I convinced the Crown to keep him on bail with conditions not to have any contact with the complainants and to continue counseling for alcohol abuse.

RESULT: After about 14 months of counseling and after he moved to another city, the charges were withdrawn. I pesuaded the Crown that a peace bond was not necessary.

Assault

R. v. S.P.
November 2012

– Charge withdrawn

S.P. owned a supermarket franchise. He was charged with assault after detaining a suspected shoplifter whom he saw leaving the store with what he believed was unpaid merchandise. When the suspected shoplifter resisted, the owner and one of his employees allegedly punched and kicked him. After a search revealed he did not have any stolen goods, they let him go. The suspected shoplifter then called police. Police viewed the store security tapes which showed the suspected shoplifter had hidden food inside his sweater but had dropped it into a bin beside the checkout counter just before leaving the store.

I suggested that Mr. P. participate in training on proper procedures for arrest and detention of suspect shoplifters and that the charge be withdrawn after he had done so.

RESULT: The Crown agreed.