Domestic Violence

Assault

R. v. M.B.
October 2018

– Charge withdrawn

M.B. was charged with domestic assault after his wife called the police in the afternoon to report that he had grabbed her by the neck that morning and punched her 8-10 times in the head. Police asked the complainant to describe the punches. She said they were “strong and powerful, like he was boxing.” She said that after the assault she finished washing the dishes “while she figured out what to do.” She said her face was sore, but declined medical attention.

M.B. and his wife had been having marital problems for some time. Following his arrest, police released him with conditions that he not contact her or go within 500 metres of the family residence.

M.B. insisted he had not touched her and that the accusation was designed to get him out of the house but continue to pay the mortgage.

I met with a Crown prosecutor. Initially she said the case would have to go to trial given the seriousness of the allegations. But she came around when I pointed out that police had been skeptical from the start. “We don’t need an extravagant story,” police had told the complainant. “We need the truth. You have no facial injuries after a grown man has punched you 8-10 times.”

RESULT: The Crown withdrew the charge after M.B. finished a one-day anger management course. He was not required to sign a peace bond.

Assault (x2)

R. v. S.N.
September 2017

– Charges withdrawn

SN was charged with two counts of domestic assault. Allegedly he slapped his wife in the face in an argument over money. She told police that several days earlier he scratched her when he came home drunk and complained there was nothing to eat.

SN had no criminal record. I had him immediately commence counseling with a psychotherapist for anger management and alcohol abuse. I told the Crown that his wife wanted to reconcile and that she appeared to have anger issues of her own. Police had noted in the disclosure that SN received bruises and scratches in the slapping incident. Disclosure also showed that police came to their home a month prior to investigate the wife for an assauilt against SN.

RESULT: The Crown withdrew the charges after SN completed the PARS anger management program. As SN needs to travel to the U.S. periodically for his work in the computer industry it was best he not sign a peace bond as it could hinder crossing the border. I persuaded the Crown to keep him on bail conditions for another six months then withdraw the charges.

Assault (x2), Mischief Under $5,000

R. v. J.C.
July 2015

– Charges withdrawn

Mr. C. and the complainant had been in a relationship for about two years. After a night of drinking, they got into an argument at the complainant’s home. To avoid a confrontation, the complainant locked herself in the bathroom. Mr. C. allegedly broke the bathroom door off its hinges (mischief to property charge). Subsequently he allegedly bit her arm and slapped her in the head (assault x2).

I arranged for Mr. C. to attend anger management plus alcohol abuse counseling and make a $500 charitable donation.

RESULT: After the complainant advised the Crown she had no fear of my client (they were back together), the Crown withdrew the charges. I convinced the Crown that a peace bond was not necessary.

Assault, Utter Threats

R. v. A.F.
July 2015

– Charges withdrawn

Mr. F., a student, and the complainant had been in a relationship for six months. They were lying in bed when an altercation occurred. Mr. F. allegedly slapped her in the face, pushed her, grabbed her leg and placed her in a headlock. She allegedly kneed him. He was also accused of saying he’d kill her if she touched any of his stuff.

Mr. F. completed anger management and numerous volunteer hours. In addition, I had him obtain character reference letters from his employer and organizations for which he had volunteered.

RESULT: The Crown withdrew all charges. As a peace bond could have hurt his employment, the Crown agreed not to require that he sign one.

Assault, Assault with a Weapon, Mischief to Property

R. v. S.R.
July 2014

– Charges withdrawn

Mr. R. was accused of throwing his cell phone at his ex-girlfriend, “just missing her,” according to police. He then “got in her face” and pushed her, causing her to fall. When she got up, he grabbed her and threw her on a couch. He removed two picture frames from the wall and smashed them on the floor. Still enraged, he punched a hole in the wall of her apartment. He was charged with assault with a weapon (throwing phone), assault, and mischief (damaging property).

RESULTS: I had Mr. R. obtain alcohol abuse counseling and anger management and pay to fix the wall. The Crown withdrew the charges. I persuaded the Crown that it was not necessary to have Mr. R. sign a peace bond.

Assault Bodily Harm

R. v. F.I.
April 2012

– Conviction avoided

F.I. was charged with punching her former boyfriend’s girlfriend in the face and breaking her nose. The assault occurred following a chance encounter. I did not conduct the trial but was retained after the judge had found her guilty.

Ms. I., a single mother, worked in the financial industry and a conviction would mean the loss of her job.

RESULT: I persuaded the judge to impose a conditional discharge instead of a conviction.

Assault

R. v. F. P.
March 2012

– Charge withdrawn

F.P. had been married for 10 years. The couple had two small children. One evening, at dinner, in an argument that began over a plate of zucchini, Mr. P. pushed his wife. Very upset, she called 911. Police arrested Mr. P. and released him on an undertaking (as opposed to holding him overnight for a bail hearing). I quickly arranged for Mr. P. to begin anger management. About two weeks after starting anger management (five weeks after the assault), the Crown agreed to vary the undertaking so that Mr. P. could return home.

RESULT: About six months later, after completion of the counselling program, the Crown withdrew the charge. I persuaded the Crown that it was not necessary to have him sign a peace bond.

Criminal Harassment

R. v E.M.
December 2011

– Charge withdrawn

Mr. M. and his wife separated after 20 years of marriage. She warned him numerous times not to attend at her home where she lived with their teenage children. On one such occasion, she called police. Police attended and asked him to leave. He complied but returned as soon as police left. According to the police report, he began “yelling, screaming, and banging on the windows of the house,” causing his ex-wife and kids to fear for their safety.

He was released on bail with conditions not to communicate with his wife or children. I quickly arranged for him to commence anger management. After four sessions, the Crown agreed to allow him contact with his children, subject to their consent.

RESULT: When he finished the counseling program, about 10 months after the offence date, the charge was withdrawn. I persuaded the Crown that a peace bond was not necessary.