DOMESTIC VIOLENCE
R v. S.H.
Result: Peace Bond. No Criminal Record
After a night of consuming drugs, S.K. got into a heated verbal argument about his consumption of drugs. S.K. attempted to leave the room but the complainant continued with the verbal attacks. Out of anger, S.K. picked-up a chair and threw it into the room. Unfortunately, the chair bounced off a fish tank and struck the complainant in the jaw, causing her significant pain. Police were called and S.K. was charged with assault.
After reviewing disclosure, Cory Wilson explained to the prosecutor that S.K. had a defence as he did not intend the chair to hit the complainant – it was a complete accident. The Crown agreed to withdraw the charges and S.K. was entered into a Peace Bond.
This was a great outcome as S.K. was left with no criminal record and did not have to endure the cost or stress of proceeding to trial.
R v. A.S.
Result: Peace Bond. No Criminal Record
A.S. and his girlfriend were both intoxicated and had a heated argument inside their apartment. The neighbors overheard the argument and then observed the girlfriend run outside followed by A.S. who grabbed her from behind. The neighbor called police after she observed A.S. wrap his arm around his girlfriend’s neck and seemingly choke her to the ground.
Given the choking allegation, the Crown was not initially agreeable to resolving the matter by Peace Bond so a trial was set. Closer to the trial date, Cory Wilson presented the prosecutor with a package of character letters and documentation showing the incredible steps A.S. took to deal with his drinking problem. As a result, the prosecutor agreed to cancel the trial and A.S. was given a Peace Bond.
This was the best outcome for A.S. as he was left with no criminal record for the incident.
R v. R.K.
Result: Charges Withdrawn. No Criminal Record
R.K. was charged with assault because of allegations his ex-girlfriend made about him right when they broke-up. It was alleged that R.K. would get drunk, get angry and sometimes slap or push the complainant. She was going to let it go but after the break-up, he kept showing up at her house causing her fear.
R.K. was facing a number of charges including assault and criminal harassment. R.K. was in Canada on a working Visa and would be removed from the country if he was convicted of a criminal offence.
After resolution discussions with the prosecutor, Cory Wilson was able to have the matter resolved by Peace Bond. This was a fantastic resolution for R.K. as he was able to remain in the country and continue to seek citizenship.
R v. F.D.
Result: Peace Bond. No Criminal Record
The client and his wife were experiencing marital difficulties as a result of COVID and the financial strain it caused. After several nights of arguing, F.D.’s wife was yelling in his face and he made the alcohol-fueled decision to push her away by using his head in a head-butting motion. She fell to the ground and was left with a noticeable mark on her heard. Police attended and F.D. admitted to headbutting his wife.
As a result of resolution discussions, the Crown Prosecutor agreed that the matter could be resolved by Peace Bond with the condition that F.D. attend for anger management and domestic violence counselling.
Given the fact F.D. confessed to the allegation, this was a very favorable outcome that insured he was left with no criminal record. This was very important as his immigration status would be in jeopardy if he were to be convicted.
R v. D.R.
Result: Charges Withdrawn. No Criminal Record
D.R. was accused of assaulting her husband who suffered from mental health issues. The couple were having a heated argument while children were present in the other house. D.R.’s husband decided to call 9-1-1 and claim that she had punched him on the side of the face. Police attended the residence and noted that the husband had no marks on his face. Police then spoke with D.R. who was now with her mother-in-law. Both tried to explain to the police officers that the husband had mental health issues and made claims of assault in the past. Police informed D.R. that they didn’t believe she did anything, but because of their domestic violence policy in which they charge a person once a complaint is made, they had no option.
After learning that police claimed they had no option but to charge, Cory Wilson called the Crown Prosecutor, explained the background and had the charges withdrawn.
Police should have never charged D.R. as there were no grounds to believe she committed a criminal offence. Thankfully, the Crown was able to see the significant issue once Cory brought it to her attention.
R v. M.B.
Result: Peace Bond. No Criminal Record
It was alleged that M.B. bit her husband during a heated argument. Police attended and conducted a limited investigation, essentially taking the husband’s version of events as being accurate, despite no bite marks on his body where he claimed to have been bitten. M.B. absolutely denied biting her husband or ever being violent with him.
Rather than got to the expense and stress of trial, M.B. asked Cory Wilson to resolve her matter by Peace Bond so that she could put the incident behind her. After discussions with the prosecutor, the criminal charges were withdrawn and M.B. entered into a Peace Bond. This allowed her to move on with her life and put the entire incident behind her.
R v. J.B.
Result: Peace Bond. No Criminal Record
J.B. was accused of assaulting her mother during a heated argument in a car. The mother alleged that J.B. struck her in the head with a cell phone. The two had a very volatile relationship that apparently resulted in physical confrontation over the years. Both J.B. and her mother suffered from varying mental health issues that contributed to the allegations.
After speaking to the prosecutor about the mental health concerns, J.B.’s criminal charge was withdrawn and she entered into a Peace Bond focused on counselling.
R v. B.S.
Result: Peace Bond. No Criminal Record
Our client was accused of breaking into his girlfriend’s house after she found out he was married and tried to break up with him. It was further alleged that during the argument, he strangled her to the point of unconsciousness and punched her multiple times.
The complainant gave a number of statements to police, each contradicting the others. Though police observed injuries to the complainant, the fact she gave contradictory statements caused significant credibility issues.
Cory Wilson met with the prosecutor and exposed these problems with their case. After multiple meetings, the prosecutor agreed that the likelihood of conviction was much lower than they previously believed. Though S.B. was facing significant jail time if convicted of the original charges, Cory was able to have all of the charges withdrawn and S.B. entered into a Peace Bond in which he had to attend for anger management and domestic violence counselling.
This was an incredibly fortunate resolution for S.B. as he was facing serious jail time and immigration consequences that may have resulted in his being deported.
R v. D.L.
Result: Peace Bond. No Criminal Record
D.L. was accused of assaulting her teenaged daughter during a verbal altercation. A neighbor called the police after hearing screaming and loud banging noises. Police attended the house and D.L and her daughter both had marks on their faces. The daughter told police that D.L. had a history of assaulting her during arguments.
Despite the severity of the allegations, Cory Wilson was able to negotiate a Peace Bond that saw the criminal charge withdrawn and D.L enter into a Peace Bond. As a result, she was left with no criminal record for the incident.
R v. K.S.
Result: Charges Withdrawn. No Criminal Record
It was alleged that during a heated argument with his wife, K.S. pushed her and threatened to kill her. The incident occurred when K.S. was heavily intoxicated and was highly out of character. Upon police arrival, K.S. admitted to the incident and was arrested for assault and uttering threats.
Cory Wilson was able to have the charges withdrawn after K.S. completed 7 counselling sessions focusing on anger management and domestic violence. As a result, K.S. was left with no criminal record for the incident.
R v. S.M.
Result: Charges Withdrawn. No Criminal Record
The client was charged with assault as a result of allegations he assaulted his girlfriend. After consuming alcohol, our client and his girlfriend got into an argument that became physical. It was alleged that S.M. pushed the complainant in the face, grabbed her repeatedly by the neck and threatened to cause her significant harm. Police attended the house and photographed the complainant with a number of red marks on her face and neck.
After multiple meetings with the Crown Prosecutor, Cory Wilson was able to have the charges withdrawn after our client completed 5 counselling sessions. This was the best possible resolution as it left S.M with no criminal record.
R v. B.H.
Result: Peace Bond. No Criminal Record
The client was charged with assault as a result of allegations he assaulted his now ex-girlfriend. It was alleged that after an argument about infidelity, B.H. punched the complainant in the face outside of a movie theater and then forced her to watch the movie with him. On the car ride home, the complainant further alleged that the two continued to argue and he struck her several times in the face. When the two arrived at the complainant’s house, she went inside and called the police who arrived shortly thereafter. At the scene, police noted no visible marks on the complainant, but B.S.’s glasses her bent and he was bleeding behind the ear from what he described as being attacked by the complainant. Despite the obvious inconsistencies in the complainant’s allegation, police charged B.H. with assault.
After reviewing the disclosure, it was clear that the complainant had fabricated the assault. Cory spoke with the prosecutor at length about the complainant’s credibility and it was agreed that the charge would be withdrawn if B.S. entered into a very brief Peace Bond. B.S. had a very strong defence at trial but he chose to resolve by Peace Bond so that he could move on with his life.
This was a great result in which our client ended up with no criminal record.
R v. S.M.
Result: Peace Bond. No Criminal Record
S.M. was charged with assaulting her teenage daughter by hitting her multiple times with the shaft of a broom. The allegations stemmed from disciplinary issues including finding sexual explicit pictures being sent to several boys, getting suspended from school for swearing at teachers, fighting at home and frankly, being out of control. At her wits-end, S.M. used physical force in an attempt to discipline her daughter. Unfortunately, the law protects parents who use physical force, but not those who use weapons to administer the force.
After battling many issues involving Child and Family Services including misinformation being provided to the prosecutor, Cory Wilson was able to negotiate the criminal charges being dropped and S.S. entered into a Peace Bond.
R v. G.P.
Result: Charge Withdrawn. No Criminal Record
Our client was charged with assault after it was alleged that he became heavily intoxicated and physically assaulted his wife. The allegations were incredibly serious and involved allegations of choking, which is an aggravating factor and generally leads to a criminal record if convicted. The client was heavily intoxicated at the time after learning of very troubling news about a member of his family. After first speaking with G.P. Cory Wilson recommended he immediately start domestic violence and alcohol counselling.
The assigned Crown Prosecutor was seeking a criminal conviction including an 18-month period of probation. After providing the Crown with multiple character references and confirmation of counselling, the Crown agreed to withdraw the charges. As a result, G.P. was left with no criminal record.
R. v. A.G.
Result: Charges Withdrawn. No Criminal Record.
A.G. was accused of assaulting his wife, teenage son, and breaching both a recognizance and Protection Order. The allegations were made during an ongoing matrimonial and custody dispute between A.G. and his estranged wife.
It was alleged that A.G. assaulted his son by choking him during an argument to the point he was unable to breathe for a brief period of time. It was further alleged that A.G. caused injury to his son’s foot, chest and arm. Without his knowledge, A.G.’s daughter had secretly audio recorded the entire incident from another room and then disclosed the recording to police.
A.G. maintained his innocence and pled not guilty. Shortly before trial, Cory Wilson approached the Crown Prosecutor and outlined the significant contradictions between the complainant’s statement and the audio recording. Most importantly, the teenaged complainant, who alleged he could breathe or talk, was screaming obscenities at his father throughout. A.G., who was unaware he was being recorded, actually narrated what he was doing when he physically restrained his son who had just punched a window in what appeared to be an attempt at property damage.
As a result of the significant issues, the prosecutor agreed to withdraw the assault charge in relation to A.G.’s son.
With respect to the alleged assault against his wife, A.G. maintained his innocence and pled not guilty. The case came down to a credibility contest between A.G. and his wife as nobody else was present during the alleged assault. A.G. maintained he was assaulted by his wife who fell over as she was trying to steal a set of car keys to A.G.’s van. This van became the matter of another criminal matter as A.G.’s wife, prior to trial, forged documents getting her access to the van that was at an impound lot. Armed with this knowledge, Cory presented the criminal charges to the prosecutor who was unaware prior to trial that the complainant had been criminally charged. As a result, the Crown Prosecutor withdrew the charge.
As a result of the complainant’s credibility issues, Cory Wilson was able to convince the prosecutor to withdraw both charges as there was no likelihood of success.
A.G. was set to have three trials over the course of two weeks. Cory Wilson was able to have each charge withdrawn and A.G. did not face trial for any of the alleged offences.
Having charged from three separate trials was the best possible outcome.
R v. M.M.
Result: Not Guilty. No Criminal Record.
M.M. was accused by his pregnant fiancée of assaulting her three times in one evening, once in front of her young child. The complainant and M.M. had a very tumultuous relationship with significant issues of infidelity. On the evening of the incident, the complainant alleged that after a verbal argument, M.M. chased her outside and threw her to the ground. After the complainant returned to the house, M.M. physically restrained her, pushed her, twisted her arm behind her back, punched her, chocked her, threw her to the ground and pinned her down. M.M. maintained his innocence and pled not guilty.
At trial, Cory extensively cross-examined the complainant on the multiple inconsistent statements she gave to police. She was cross-examined on her motive to lie and her ongoing physical abuse of M.M. Testifying in his own defence, M.M. denied many of the complainant’s allegations and testified that the physical force he used was in self-defence after the complainant repeatedly attacked him.
The trial judge found M.M. not guilty. This was the best possible outcome for the client.
R v. S.B.
Result: Not Guilty. No Criminal Record.
S.B. was charged with assault causing bodily harm after a physical confrontation with his girlfriend resulted in her suffering a dislocated shoulder. The complainant alleged that during a night out with friends, S.B. consumed large quantities of alcohol and began acting out of character. The complainant further alleged that once the two arrived back at her house, a verbal argument ensued. After much back and forth, S.B. threw her into a wall resulting in the injury. S.B. denied many of the allegations and pled not guilty.
At trial, Cory cross-examined the complainant extensively on her alcohol consumption throughout the evening. The complainant originally claimed that she was sober, but after being confronted with a bar receipt, she admitted to drinking a significant amount of alcohol. Later in cross-examination, the complainant agreed that right before S.B. pushed her into the wall causing her injury, she may have hit him in the face causing his nose to bleed. S.B. testified that he had two drinks throughout the evening and had to take the complainant home due to her level of intoxication. He testified that the complainant repeatedly assaulted him and he pushed her in self-defence after she punched him in the face.
The trial judge found S.B. not guilty. This was the best possible outcome.
R v. D.R.
Result: Charges Withdrawn. No Criminal Record.
D.R. was charged with assault after his estranged wife alleged that during a verbal argument, he threw her to the ground and punched her in the head multiple times. D.R. was arrested and due to not having legal counsel, spent several days in Remand prior to Cory securing his release. D.R. denied the allegations and pled not guilty.
At trial, Cory cross-examined the complainant about the details of the incident. Her testimony directly contradicted the version of events she provided to police shortly after the incident. Cory then directed her attention to police photographs that showed no injuries despite her claims that D.R. repeatedly punched her in the head.
After Cory’s cross-examination of the complainant, the Crown withdrew the charges. This was the best outcome for the client.
R v. K.C.
Result. Charges Withdrawn. Peace Bond. No Criminal Record.
K.C. was charged with assaulting and threatening his wife. The complainant alleged that during a heated argument, K.C. pushed her to the ground. The complainant further alleged that after she got up and tried to run upstairs to lock herself in the bedroom, K.C. grabbed her leg and dragged her down the stairs. He then slapped her in the face, threw the complainant outside and told her he would kill her if she came back inside the house. When police arrived at the house, K.C. admitted to the offences and was arrested.
After reviewing the file, Cory had his client attend for domestic violence and alcohol counselling. After showing the Crown the positive steps K.C. was making, the Crown agreed to withdraw the charges and K.C. entered into a Peace Bond. This resolution left K.C. with no criminal record for the incident which was the best possible outcome.
R v. C.B.
Result: Charges Withdrawn. Peace Bond. No Criminal Record.
C.B. was charged with assault after her husband alleged she assaulted him repeatedly throughout the night. It was alleged that C.B. had consumed alcohol throughout the day and became verbally abusive towards the complainant. When he tried to dump out her alcohol to de-escalate her behaviour, it was alleged that she jumped on his back and began hitting him. The complainant retreated to various rooms in the house and C.B. allegedly continued to assault him until he called police.
On C.B.’s first court appearance, Cory was able to negotiate a favourable resolution in which the charges were withdrawn and C.B. entered into a Peace Bond with a focus on alcohol counselling. As a result of the resolution, C.B. was left with no criminal record which was the bets possible outcome.
R v. P.K.
Result: Charges Withdrawn. No Criminal Record.
P.K. was charged with assaulting his girlfriend with a weapon. It was alleged that during a heated verbal argument, P.K. repeatedly struck the complainant with a wooden stick. Police were called and P.K. admitted to the allegations.
At the time of the incident, P.K. was suffering from significant stress due to a recent loss of employment. The incident was very out of character and P.K. and the complainant subsequently reconciled. At Cory’s direction, P.K. began domestic violence counselling and stress management courses. Cory was able to resolve the matter by having P.K.’s charges withdrawn after completing 6 months of counselling. This was the best possible resolution and left P.K. with no criminal record.
R v. O.B.
Result: Charges Withdrawn. No Criminal Record.
O.B. was charged with assault and uttering threats against his wife while they were separated. The complainant alleged that during a heated conversation over child custody, O.B. slapped, punched and choked her. O.B. was arrested shortly thereafter and the Crown opposed his release. Cory represented O.B. at the bail hearing and secured his release. Cory then represented O.B. at the Emergency Protection Order hearing and successfully had it vacated which allowed O.B. to have contact with his children.
Cory’s review of the disclosure and defence evidence revealed significant inconsistencies with the complainant’s version of events. The allegations arose during a contentious child custody battle and the complainant was trying to secure full custody of the children. The Crown agreed to withdraw the charges after O.B. completed 6 sessions of co-parenting classes. This left O.B. with no criminal record for this incident which was the best possible outcome.
R v. G.C
G.C. was charged with criminal harassment and uttering threats against his ex-wife. Shortly after he was charged, G.C. was further charged with breaching the conditions of his release. The complainant alleged that G.C. was stalking her after he found out about her new boyfriend. It was further alleged that G.C. had repeatedly come to the boyfriend’s property while the complainant was present. At one point, the complainant confronted G.C. who said he would cause her harm if she continued to date her new boyfriend. The breach charge was the result of G.C. allegedly sending the complainant emails while he had a no contact condition as part of his release conditions.
After reviewing the disclosure, it was clear that the Crown had no evidence that G.C. was stalking the complainant. After lengthy resolution discussions, Cory was able to resolve all the charges, including the breach, by way of Peace Bond. This resolution left G.C. with no criminal record for this incident. This was the best possible result.
R v. E.P.
Result: Discharge. No Criminal Record.
E.P. was charged with three counts of assault related to incidents involving his two young children. In one incident, it was alleged that after one child refused to stay in bed, E.P. chased him back into his bedroom, pinned him to the bed and repeatedly attempted to spank him. The incident ended when E.P.’s wife yelled at him to stop. In another incident, it was alleged that one child disobeyed his mother by refusing to go to bed. E.P. chased the child into his room, put him over his knee and spanked him multiple times, resulting in redness on his buttocks. In the last incident, one child continued to swear despite being told to stop. E.P. covered the child’s mouth with his hand to the point he had a difficult time breathing. The child ran into the bathroom and E.P. kicked at him and grabbed him by the shoulders multiple times. The child fell into the toilet dispenser roll and suffered minor injuries.
The allegations were made to police at the exact time E.P. and his wife separated. After reviewing the disclosure, Cory found significant inconsistencies in the children’s statements to police and very concerning language suggesting the children may have been coached. E.P. denied the more serious allegations, but agreed that in disciplining his children, he used more force than was required. Under section 43 of the Criminal Code, a parent is allowed to use force on their children by way of correction as long as that force did not exceed what was reasonable in the circumstances. E.P. agreed that the force used was not reasonable.
As a result of the issues Cory found in the complainants’ statements to police, the Crown agreed to the defence version of events by way of Agreed Statement of Facts. Cory was also able to negotiate a guilty plea to one count of assault rather than the three he was charged with. At sentencing, the Crown was seeking a conviction and potential jail time. Cory argued for a conditional discharge which means that though E.P. pled guilty, he would not be convicted of the offence. E.P.’s employment required him to have high security clearance in Canada and the USA. If E.P. was convicted, he would lose his career and face possible jail time.
After lengthy submissions, the sentencing judge agreed with Cory and discharged E.P. conditionally. As a result, E.P. was left with no criminal record for the incident and maintained his employment which was the best possible outcome.
R v. T.T.
Result: Charges Withdrawn. Peace Bond. No Criminal Record.
T.T. was charged with assaulting her child with a weapon and uttering threats. It was alleged that when the child refused to obey T.T.’s direction, she repeatedly hit him with a wooden spoon. It was further alleged that T.T. chased him out of the house with a knife. T.T. was arrested and Cory secured her release on bail.
Cory investigated the allegations and made inquiries of a neighbour who witnessed the events that occurred outside of the house. Based on the neighbour’s version of events, T.T. did not have a knife and no threats were heard. As a result of Cory’s investigation, the Crown withdrew the charges and T.T. entered into a Peace Bond. This favourable resolution left T.T. with no criminal record for the incident which was the best possible outcome.