ASSAULT OFFENCES
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. J.B.
Result: Found Not Guilty
J.B. was involved in a 4 years custody battle with his ex-wife. There were a total of 60 court appearances and roughly 100 calls to the RCMP to deal with various issues. This was a highly contentious battle to say the least. On one particular occasion, the ex left court documents at J.B.’s front door and swore an affidavit that she gave personal service, which meant she actually gave the envelope to my client or sent it by registered mail. Police were called that same night and found the envelope at the door. They then gave it to J.B. who had no memory of police doing so. J.B. missed the court date that was on the paperwork in the envelope and the ex was granted $500 in costs for his non-attendance.
Once J.B. was made aware that he missed the court date, he swore an affidavit stating he was not served. He then swore another affidavit and testified in court that he was not served and that police actually took the envelope when they left. Police video clearly shows that police did not leave with the envelope. As a result, J.B. was charged with three counts of perjury and suspended from his job as a police officer without pay.
At trial, Cory Wilson argued that J.B. had no intent to mislead the court and had mealy made an honest mistake given the stress of the high conflict custody battle. The trial judge agreed and found J.B. not guilty on all counts.
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. T.T
Result: Alternative Measures. No Criminal Record
It was alleged that T.T. got into an argument wit a neighbor over snow shoveling. This was an ongoing argument as the neighbor would shovel the snow in front of T.T.’s driveway. After putting up with this issue for the past three years, T.T. ad enough. During the heated argument, T.T. pushed the neighbor into the snow. The neighbor called police and T.T. was charged with assault.
After informing the prosecutor about the background circumstances of the offence, it was agreed that the mater could be diverted into the Alternative Measures Program. T.T. made a $250 donation to his favorite charity and the charge was withdrawn.
R v. D.C
Result: Charge Withdrawn. No Criminal Record
D.C. was accused of assaulting an individual who would not leave the office of where D.C. was working, despite it being closing time. The complainant refused to leave because he was upset and wanted to speak with a manger, despite no manager being present. D.C. attempted to escort the complainant out of the office by walking beside him with his hand on the complainant’s lower back. Suddenly, the complainant turned and it appeared he was going to attack, so D.C. wrestled him to the ground. Once the complainant was under control, D.C. told him to leave. Finally, after much back and forth, the complainant left.
The complainant spoke with police and wanted charges pressed against D.C. for assault. After reviewing video of the incident, police declined to press charges. Not deterred, the complainant went before a Justice of the Peace and had a Private Information laid based on his own version of events and without the video being played.
After being charged as a result of the Private Information, Cory Wilson spoke with the assigned Crown Prosecutor about the case and the fact that D.C. did not commit a criminal offence. The prosecutor agreed and withdrew the charge on the first court appearance.
While this was a long road for D.C., it was the best possible outcome as he was left with no criminal record for this incident and he avoided the cost of proceeding to trial.
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. 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. M.Q
Result: Charges Withdrawn. No Criminal Record
The client was charged with assault as a result of allegations he punched his wife. It was alleged that after consuming a large amount of liquor, M.Q. and his wife got into a verbal argument that turned physical. The client’s wife called the police and M.Q. was subsequently arrested.
After lengthy resolution discussions with the Crown Prosecutor, the charges against M.Q. were withdrawn after he attended alcohol and anger management counselling. This was the best case scenario for M.Q. as he would have lost his job if he received a criminal record.
R v. B.B.
Result: Charges Withdrawn. No Criminal Record
B.B. was charged with assaulting his young son as a result of a complaint made by his ex-wife during an ugly custody dispute. Despite the timing of the allegation, police chose not to interview B.B. and simply arrested him.
After reviewing the disclosure, it was evident that the allegation was nothing more than a way for the complainant to get full custody of the child. The statement given by the child made no allegations and was significantly different from what the mother told police. Cory Wilson approached the assigned Crown Prosecutor with the inconsistencies and was able to have the charges stayed.
This was the best outcome for B.B. and save him significant stress of having to go to trial.
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. J.H.
Result: Successful Appeal. New Trial Ordered
J.H. was charged with being one of five individuals involved in a violent home invasion. At the house were a number of individuals including women and children. The trial took place over three weeks and involved close to 15 witnesses, a wire-tap voir dire and numerous applications. At trial, many of the witnesses gave contradictory evidence that should have caused the trial judge to conduct a reliability assessment for each of the witnesses. Unfortunately, the trial judge failed to provide any reasons why he chose to believe certain witnesses despite significant issues with their evidence. J.H. and the other co-accused were convicted.
Cory Wilson appealed the decision to the Court of Appeal arguing that the trial judge failed to provide any meaningful reasons and showed no path to conviction. The three-judge panel agreed with Cory and ordered a new trial.
R v. D.C.
Result: Not Guilty at Trial. No Criminal Record.
D.C. was charged with 2 counts of assault against an ex-girlfriend and her new boyfriend. The allegations stemmed from an incident that occurred after the new boyfriend confronted D.C. claiming that he was stalking his ex-girlfriend. As it turned out, D.C. just happened to work at an auto body shop two blocks from where the ex-girlfriend worked and she assumed he was stalking her because she saw him several times a week. When the new boyfriend confronted D.C., a fight ensued and the ex-girlfriend joined in.
At trial, Cory Wilson cross-examined the two complainants on their completely different versions of events, demonstrating to the judge that they were not being truthful. D.C. took the stand and testified that he was acting in self-defence after he was jumped by his ex-girlfriend and her new boyfriend.
The trial judge believed D.C. and found that the two complainants were not credible. As a result, D.C. was found not guilty which was the best possible outcome.
R v. J.B.
Result: Not Guilty at Trial. No Criminal Record
The client was arrested and charged with assault after a fight outside of Cowboys nightclub in Calgary. Police didn’t observe the fight and nobody was able to positively identify J.B. as being involved in the fight. Surveillance video from a nearby building was grainy and was of no benefit to identifying the parties involved.
At trial, the Crown put up a number of witnesses in an attempt to identify J.B. as the guilty party. One by one, Cory Wilson had the witnesses concede they could not identify his client from the night in question. As a result, the trial judge rejected the Crown Prosecutor’s case and J.B. was found not guilty.
R v. C.C.
Result: Charges Dismissed. No Criminal Record.
C.C. was charged with aggravated assault after a child in her day home suffered a serious head injury. C.C. was detained and interviewed by police for over 8 hours. During this time, she asserted her right to silence on 24 occasions. The interviewing police officer used the Reid Technique which was designed to extract confessions. For over 8 hours, the officer subjected C.C. to a prolonged interview by engaging in lengthy monologues, constant interruptions and persistent questioning. At the end of the interview, C.C. confessed to throwing the child to the ground, causing him significant injury. Despite her confession, C.C. declared her innocence and the matter proceeded to a preliminary inquiry.
At the preliminary inquiry, the Crown sought to admit C.C.’s confession. Cory provided the trial judge with extensive written submissions detailing the significant issues with the officer’s use of the Reid Technique. In painstaking detail, Cory outlined how C.C.’s free will was overborne to the point she told the officer what she wanted to hear – a confession. The trial judge was directed to video of the “confession” in which C.C. can be seen shrugging and asking the officer if her description of throwing the child was correct. The judge, in a blistering decision, denounced the use of the Reid Technique in the strongest terms and found that C.C. did not confess on her own free will. The confession was excluded and without any other evidence of guilt, the charge against C.C. was dismissed.
R v. D.S.
Result: Charges Withdrawn. No Criminal Record
D.S. was charged with assaulting his neighbor after an ongoing dispute over parking spaces. It was alleged that D.S. slapped his neighbor across the face during an argument leaving a slight bruise under his eye.
After reviewing the disclosure, Cory Wilson met with the prosecutor and provided a detailed background on the client’s background and ongoing dispute. As a result, D.S. was entered into the Alternative Measures Program and made a small charitable donation. After making the donation, Cory Wilson had the charge withdrawn and D.S. was left with no criminal record.
R v. E.Y.
Result: Charges Withdrawn. No Criminal Record.
E.Y. was charged with two counts of assault and mischief as a result of a fight that occurred at the University of Calgary. It was alleged that E.Y. and another student got into a heated argument. When the other student attempted to film the interaction on his cell phone, E.Y. grabbed the phone and smashed it on the ground. E.Y. then allegedly shoved the student and punched a third-party who tried to intervene.
As a result of lengthy resolution discussion, Cory Wilson was able to resolve the matter by having E.Y. enter into a Peace Bond in which he was to stay away from both complainants and take anger management counselling. Upon entering into the Peace Bond, the criminal charges were withdrawn, leaving E.Y. with no criminal record for the incident.
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.
Result: Charges Withdrawn. Peace Bond. No Criminal Record.
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
R v A.T.
Result: Charges Withdrawn. No Criminal Record
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.
R v. C.S.
Result: Charges withdrawn. No criminal record.
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.