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Result: Charges Withdrawn.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. 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. 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. D.F
Result: Peace Bond. No Criminal Record
D.F. was charged as a result of allegations that he struck his wife after a verbal argument. Shortly after the client was charged, the complainant contacted Cory Wilson to indicate that she wanted the charges dropped and for her husband to come home as soon as possible. Cory asked the complainant to provide him with a signed letter outlining her version of events and the fact she wanted the charges and release conditions dropped.
Armed with that letter, Cory approached the prosecutor and was able to have the criminal charges dropped. D.F. entered into a common-law peace bond in which his only condition was to keep the peace and be of good behaviour.
This was the best possible result as D.F. required no criminal record for his employment.
R v. M.H.
Result: Not Guilty. No Criminal Record
M.H. was charged with criminal harassment as a result of a series of emails he sent to his ex-wife’s employer. The complainant was a member of the Calgary Police Service and previously had M.H. charged with criminal harassment in Quebec. M.H. sent multiple emails to CPS with a significant number of attachments in an attempt to get the complainant fired from her job. Without conducting an investigation into the veracity of the allegations made by M.H., a senior member of CPS decided that it was criminal harassment and charged M.H.
The matter proceeded to trial where Cory Wilson extensively cross-examined the complainant over two days on a large volume of documents and family court affidavits. As a result of the cross-examination, it became clear that the complaint, a police officer, lied to the court about her fear as a result of the information sent to CPS. She claimed that as a result of the emails, she became so worried about the safety of the children she cancelled a scheduled visitation with M.H., the father of the children. Cory Wilson was able to catch the complainant in her lie when he presented an email sent by her offering to drive the children to M.H. for the visitation.
At the end of the trial, the judge found that the Crown failed to prove the essential elements of the offence and M.H. was found not guilty.
R v. P.K.
Peace Bond. No Criminal Record.
Result: Charges Dismissed Mid-Trial. No Criminal Record.
P.K. was pulled over for what the officer described as erratic driving. The client denied consuming alcohol but the officer indicated he could smell alcohol coming out of the vehicle. As a result, P.K. was read the roadside breath demand which he subsequently failed. He was taken back to the police station where he provided two samples of breath over the legal limit.
The only issue at trial was the credibility of the arresting officer. On its own, a driver who denies consuming alcohol but has a smell of alcohol coming from the vehicle does not provide an officer grounds to read a roadside screening demand. However, in this case, after P.K. was charged and released, the officer added into his report that he could also detected a strong smell of alcohol coming from P.K.’s breath. Fortunately, the entire interaction was captured on body worn camera. After extensively cross-examining the arresting officer about fabricating the smell of alcohol on P.K.’s breath, the prosecutor conceded the case and asked the judge to dismiss the charges