Assault Offences

The client was charged with assault after allegations of a road rage incident. Both the complainant and an independent witness indicated that after a verbal argument in a parking lot, C.S. circled back, exited his vehicle and approached the complainant who was now out of his vehicle. Words were exchanged and it was alleged that C.S. motioned to strike the complainant. Though he didn’t swing or connect, police were called and C.S. was charged with assault.

After discussing the circumstances with the prosecutor and pointing out material contradictions between the independent witness and the complainant, Cory was able to have C.S. diverted into the Alternative Measures Program. After C.S. wrote a letter of apology and made a small charitable donation, Cory had the charge withdrawn. This was the best possible outcome as C.S.’s matter resolved without a criminal record without the cost or stress of a trial.

A police officer pulled A.T. over for failing to yield to a pedestrian outside of the Calgary Courthouse. Rather that speak with A.T. in a respectful manner, the officer escalated the situation by telling A.T. that he was being given an $800 ticket to “educate him”. A.T., who had been polite and respectful to this point, became very angry and yelled at the cop for several seconds. After calming down, A.T. began to walk back to his vehicle but was stopped by the policed officer and told he was under arrest of disturbing the peace. A.T. pulled away from the officer’s grasp who then threw A.T. to the ground. After a brief skirmish, all of which was captured on body worn camera, A.T. was placed in the back of the police vehicle bleeding and unable to catch his breath due to a medical condition. After being transported to the police station, the arresting officer continued to be aggressive and repeatedly caused A.T. harm by twisting his arms, pushing him to the ground and making him lay on the frozen concrete.

A.T. was charged with assaulting a police officer, mischief and causing a disturbance. After reviewing the video of the incident, Cory was able to convince the Crown Prosecutor to withdraw all charges including the traffic ticket based on the police officer’s conduct. This was a great outcome for the client and saved him the stress and cost of having to go to trial.

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.

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.

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.

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.

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.

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.

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.