ASSAULT OFFENCES

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.