How to Defend Against Assault Charges

Assaults can take many forms and the allegations can include domestic assaults, assaults on children, and assaults on strangers or even friends. The following sets out the various legal categories of assaults which are differentiated by their seriousness and by how the offence is committed. For example, was it a case of harassment, an instance of threatening death or bodily harm, or was it a situation where someone was badly hurt or maimed.

Domestic assaults are the most common type of assault within the justice system and they are prosecuted vigorously by the Crown Attorney’s office. If you are facing a charge of Domestic Assault or any of the other related offences listed here, you need legal advice and I can help.

More 2016 Assault & Related Offences **10 cases**
10 out of 10 cases resulted in no criminal record
6 withdrawal of charges
4 absolute discharge
1 acquittal

R. v. H. - Assault and Uttering Threats
Background

Client was charged with a domestic assault and uttering threats. My client had been having an affair with the complainant; when he broke off the affair and told the complainant that he was going back to his wife, the complainant came forward with the charges. Prior to this, there had been a threat made by the complainant that unless certain photos were deleted by my client, she would be going to the police. The client showed the complainant that he had deleted the photos, but she still went to the police and he was charged with assault and uttering threats.

Strategy

I was able to provide the Crown with text messages that raised real doubts about the legitimacy of the charges.

Decision/Outcome

The Crown reviewed the text messages, spoke to the complainant, and ultimately agreed to a peace bond and a withdrawal of all charges.

R. v. A. - Assault
Background

Client was charged with a domestic assault. His position was that the allegation was a complete fabrication due to his wife being upset about a dispute they had over household finances.

Strategy

I had to convince the Crown that there was reason to believe that these allegations had been fabricated. Additionally, there were no injuries to support the complainant's version of events.

Decision/Outcome

Although the Crown had very real doubts about the client's assertion that this story had been fabricated, the Crown agreed that if the client attended partner-abuse counselling, the charges would be withdrawn and the client could sign a peace bond. My client complied, and the charges were withdrawn.

R. v. S. - Assault
Background

Client was charged with a domestic assault in which he and his wife had gotten into an argument at the top of the stairs. His wife pushed him, he pushed her back, and the two of them ended up tumbling down the stairs together. The complainant contacted the police and did not acknowledge the mutual pushing, but rather said that my client had pushed her down the stairs. By the time the trial date arrived the complainant wanted to reconcile, and additionally had not received a subpoena to come to court. On the day of the trial my client's mother had also just passed away.

Strategy

A trial date was originally set because the complainant had left with the kids and was saying that she wanted a divorce. We had prepared to have a trial and argue that this incident was the result of a consensual struggle.

Decision/Outcome

The Crown was sympathetic to the circumstances and since the complainant was not at court, she did not have a particularly strong case. The client was offered and accepted a plea to assault. Sentencing was adjourned so he could complete counselling, and ultimately received an absolute discharge. This was a particularly good outcome since the client had received a discharge for an assault on a previous occasion and it avoiding an adjournment of the case and a possible arrest of the complainant for avoiding service of the subpoena.

R. . v. M. - Assault
Background

Client was charged with a domestic assault. Client admitted that there had been a verbal argument and that he had called his wife some very nasty names when they were arguing over who should take their son to school due to a school bus problem. Client said there was no physical aspect to the argument at all.

Strategy

The complainant sought independent legal advice and provided a sworn affidavit in which she acknowledged that there was, in fact, no physical aspect to the argument and that she had exaggerated her complaints because of her anger at the names her husband had called her.

Decision/Outcome

The Crown withdrew the charges.

R. v. E. - Assault
Background

Client was charged with a domestic assault. In her statement to the police, the complainant spent a great deal of time complaining that her husband was allegedly married to another woman in Egypt. She made her complaint to the police while her husband was at the movies with their four children, and he was arrested upon exiting the theatre. The client's position was that there had not been an assault nor was there any second wife in Egypt.

Strategy

I endeavoured to convince the Crown that given the complainant's belief that he was married to another woman, and that there was no injuries or marks of any kind to support her allegation of assault, that the case against my client was weak at best. I also had the client attend for private counselling and had a report prepared confirming that my client was not a violent person.

Decision/Outcome

The Crown agreed that if the client completed domestic violence counselling, the charge would be withdrawn upon the signing of a peace bond. Charges were withdrawn upon completion of counselling.

R. v. K. - Assault
Background

Client was charged with a domestic assault. During the complainant's statement to police she focused most of her attention on the fact that the client had a substantial drinking problem. She also contradicted herself with respect to where the assault had taken place (at one point saying it had taken place upstairs and at another point saying it had taken place downstairs).

Strategy

A trial date was set because the Crown would not accept my assertion that there was no prospect of conviction. The client had previous convictions for assault so the Crown was unwilling to withdraw the charge. At trial, the complainant was cross-examined about her contradictions and her motivation for making a complaint. By making a complaint to police, she was able to have the accused removed from the house and this was the outcome she really wanted. My client did not testify. I did, however, call the police officer in charge of the case who supported my client's defence position that no assault had taken place.

Decision/Outcome

Client was acquitted of both charges.

R. v. S. - Assault
Background

Client was charged with a domestic assault. Client had returned home and the complainant smelled perfume on him; my client did not want to argue and went downstairs and locked himself in the basement apartment. The complainant then tried to break into the basement apartment, and kept banging on the door and yelling. When the client opened the door, the complainant threw a wrench at him that ended up breaking a window behind him. Ultimately my client lost his cool and slapped her across the face.

Strategy

I was able to convince the Crown that this was out of character for my client and convinced the Crown to allow him to participate in domestic violence counselling.

Decision/Outcome

At the end of the counselling program, the client received an absolute discharge.

R. v. C. - Assault
Background

Client became extremely intoxicated at a work party. Co-workers got him into a cab and provided him with a taxi chit to pay for the ride. When he arrived home, he got into an argument with the cab driver over payment because he was intoxicated. He ended up assaulting the cab driver.

Strategy

The client is a family man who volunteers with his kids approximately one hundred hours a year through coaching. This incident was obviously extremely out of character for him. I had him attend for private counselling, and obtained character reference letters from friends, work colleagues, and his wife.

Decision/Outcome

Client pled guilty to an assault; he had written a letter of apology to the cab driver, and received an absolute discharge.

R. v. C. - B & E. Criminal Harassment, Utter Threats, Assault x4
Background

Client was charged with five separate assaults on his girlfriend including an allegation that he broke into her apartment and assaulted her while she was in the shower.

Strategy

I set the matter for a pre-trial with a judge, and the officer in charge of the case was present. I provided the officer in charge with text messages that showed that the complainant was clearly lying about one of the incidents, and further that she was clearly lying about her alleged fear of my client and had been contacting him repeatedly since his arrest (even though he was banned from contact with her). I encouraged the officer to investigate further.

Decision/Outcome

After further investigation by the officer, the Crown and the officer had real doubts about the truth of any of the allegations and the charges were withdrawn.

R. v. P. - Criminal Harassment and Utter Threats
Background

Client was charged after allegations that he had been following his ex-girlfriend, showing up at her workplace, and sending her creepy personalized messages.

Strategy

I demonstrated to the Crown that my client had an alibi for at least one of the incidents where the complainant was alleging he was at her workplace. I had the police gain full access to his cellphone and IP address so that they could investigate and prove that he was not the one who had sent the creepy messages.

Decision/Outcome

The police's further investigation revealed that he had not sent the messages, and that they had in fact been sent by the complainant's current boyfriend. All charges were withdrawn.

2014-2016 Assault & Related Offences **46 cases**
39 of the 46 cases resulted in no criminal record.
7 of the 46 cases resulted in a criminal record; 1 of which was an intermittent sentence, 2 were suspended sentences, 1 significantly reduced sentence, and 3 were probation.

R. v. E. (2016 Brampton) - Assault Bodily Harm and Utter Threats
Background

My client was charged with an assault in a coffee shop in which the complainant alleged he pushed him to the ground and repeatedly kicked him in the head when he was down on the floor, causing him to have a concussion.

Strategy

To convince the Crown that given my client's size in comparison to the complainant, and the assault that was described by the complainant (which was vicious including multiple blows to the head), there would have been some injury. There appeared to be no injuries, and when asked for a copy of the complainant's medical records, the complainant refused to disclose them to the police, likely because he was planning to sue my client. I convinced the Crown to speak to the complainant because there was some suggestion that he had misidentified my client in a photo line-up, and claims he didn't know him even though the complainant had dated my client's wife and had sent my client many direct emails.

Decision/Outcome

Crown withdrew all charges.

R. v. H. (2016 Brampton) - Assault and Breach of Recognizance and Breach of Undertaking
Background

Domestic incident in which my client was charged with assault. Upon attempting to enter the garage of his home, he was charged with breach of recognizance and breach of undertaking.

Strategy

To have my client participate in a domestic violence program, which he completed. The Crown agreed to withdraw the charge of breach of undertaking in exchange for a guilty plea for breach of recognizance; however the Crown was still asking for 30 days of jail time.

Decision/Outcome

My client plead guilty to all three charges and received a conditional discharge with probation for 15 months.

R. v. C. (2016 Toronto) - Assault
Background

Domestic incident.

Strategy

To convince the Crown that even though Mr. C. was charged with an assault, his wife actually suffers from schizophrenia and other mental health issues and that at the time when he was charged with an assault, he was actually responding to something that she had done in relation to the children. He actually called Children's Aid and they then saw a bruise on the wife's arm, called the police, and he was charged. I was able to convince the Crown that having him away from the house and kids was a disastrous outcome, to which the Crown agreed.

Decision/Outcome

Client entered a peace bond and charges were withdrawn on my undertaking that he would participate in counselling following the withdrawal of charges which he did.

R. v. L. (2016 Orangeville) - Domestic Assault
Background

Domestic incident between my client and her husband.

Strategy

Demonstrate that my client lost her cool after years of verbal and physical abuse from her husband. She attended for counselling prior to sentencing and had arranged to live elsewhere.

Decision/Outcome

Client received an absolute discharge.

R. v. B. ( 2016 Brampton) - Assault
Background

Domestic incident.

Strategy

To demonstrate that this was completely out of character for my client, and to have him attend several sessions with a counsellor to address the issues leading to the assault. Additionally to have my client make several donations to charitable foundations. Because he was living separately and apart (in a different province) from his spouse there was no need to pursue charges. Crown was very impressed by his counselling efforts.

Decision/Outcome

Client received an absolute discharge on his donation to a charitable foundation of $1500.

R. v. K. (2016 Brampton) - Assault and Utter Threats
Background

Domestic incident.

Strategy

Was able to convince the Crown that the assault was not as bad as the complainant at first claimed it was, and that my client had been taking counselling prior to trial. On the trial date we were able to agree that my client could plead guilty and then do further counselling prior to sentencing. If that counselling went well, the Crown would then vary his bail to allow him to go home and we would monitor and get input from his wife on the results of that.

Decision/Outcome

All went well, and ultimately my client received an absolute discharge and his bail was varied part way through the process to allow him to return home. Client worked for a large financial institution and it was imperative that he not end up with a record.

R. v. B. (2016 Brampton) - Assault and Forcible Confinement
Background

My client was charged as a result of footage from high school surveillance cameras showing an argument between him and his girlfriend in which he pushed her up against the wall and pointed his finger at her, talking to her and holding her against the wall.

Strategy

I was able to convince the Crown that these charges were way overblown. There were no injuries to his girlfriend and the whole incident lasted a matter of seconds. Neither the girlfriend nor her parents were in any way interested in coming to court to testify against him.

Decision/Outcome

Ultimately my client attended classes on appropriate relationship behaviour, and the charges were withdrawn.

R. v. M. - Assault and Sexual Assaults (2013-2016 Brampton)
Background

My client was charged with an assault on his wife. It was said he had punched her at his office.

Strategy

We set a trial date, and when we arrived for trial, the trial did not proceed because the complainant told the Crown and subsequently the police that not only did he punch her that one time but that there were several other assaults and assaults with a weapon during their marriage and that he had raped her during their marriage on several occasions. The matter ultimately went to trial in Superior Court. The complainant was cross-examined at length, and her credibility was shown to be questionable. The judge found that he could not believe anything that the complainant said, unless it was corroborated by some other piece of evidence.

Decision/Outcome

The complainant's children testified about some of the assaults, and even though their accounts were inconsistent with the complainant's, and inconsistent with one another's, the judge still found that there was enough support from them to convict my client of the various assaults and assaults with a weapon. Since there was nothing to support the complainant's version about the sexual assaults, he was acquitted on all of those charges. My client was sentenced to two years in jail on the various assaults, but would have been facing ten to twelve years if found guilty of the sexual offences.

R. v. Z. (2015 Brampton) - Assault
Background

Family domestic incident between the accused and his mother. Alcohol was a factor in the incident and there was no history of domestic related incidents from either party in the past.

Strategy

To demonstrate that this incident was out of character for my client and have him attend some counselling sessions.

Decision/Outcome

Charges were withdrawn.

R. v. R. (2015 Brampton) - Assault
Background

Domestic incident in which my client and his wife engaged in a verbal argument that escalated. Alcohol was a factor in the incident.

Strategy

To demonstrate this incident was out of character for my client, and that he was taking steps to address his issues with alcohol abuse.

Decision/Outcome

Absolute discharge.

R. v. S. (2015 Brampton) - Assault and Mischief
Background

Domestic incident in which my client was alleged to have damaged property in the shared home with the complainant.

Strategy

Crown's initial position was jail because of a prior criminal record. I was able to demonstrate to the judge that my client was motivated to get help for both his alcohol and anger issues.

Decision/Outcome

Client plead guilty to the assault charge and the mischief charge was withdrawn. Received probation for one year.

R. v. T. (2015 Brampton) - Assault with a Weapon
Background

Domestic incident.

Strategy

To show that the complainant (her boyfriend) was actually somebody who had previously assaulted her, and that there was reason to believe that on this occasion he was once again the aggressor and she was defending herself.

Decision/Outcome

Charges were withdrawn.

R. v. Z. (2015 Brampton) - Assault
Background

A verbal disagreement over a parking spot resulted in a physical altercation between my client and another party.

Strategy

To demonstrate that this incident was out of character for my client, and to have him complete an anger management program.

Decision/Outcome

After completing the anger management course on his own, and in light of some potential problems with the witnesses being able to identify my client, the Crown withdrew the charge.

R. v. P. (2015 Brampton) - Assault and Utter Threats
Background

Domestic incident in which my client's wife believed that her 65 year old husband was having an affair with a 25 year old and that he assaulted her when she confronted him about it.

Strategy

I was able to convince the Crown that as a result of his health issues, he was completely incapable of having an affair with a twenty-five-year-old woman and that his wife was suffering from some depression issues herself, which caused her to believe that he was having this affair. When questioned further by the police at my request, the wife's statement fell apart.

Decision/Outcome

Charges were withdrawn.

R. v. R. (2015 Brampton) Assault
Background

Following a parking altercation in the parking lot of an elementary school, my client was charged with assault.

Strategy

To convince the Crown that this was a completely out of character reaction caused by a perceived insult to his wife. I had him attend some counselling sessions and provided a report to the Crown which then allowed them to decide that the charge could be withdrawn upon his further completion of a counselling program on road rage.

Decision/Outcome

Charges were withdrawn.

R. v. G. (2015 Brampton) - Assault, Breach of Probation
Background

Domestic incident.

Strategy

The Crown was asking for a jail sentence. Had client plead guilty to the assault in order to receive probation, and had him participate in alcohol counselling to address his severe issues with alcohol.

Decision/Outcome

Client received 18 months probation.

R. v. Y. (2015 Brampton) - Utter Threats
Background

Client was charged with utter threats after an incident with his girlfriend who he had broken up with. Both ended up at university together from another country and shortly thereafter they both began dating other people. My client texted the complainant threats and said he was on his way over to her dorm room, at which point she felt threatened and called the police.

Strategy

To show that this was an incident of adolescent drama gone wrong. I was able to show text messages sent by the complainant that were bullying in nature and that included fake photographs of the complainant trying to kill herself. My client was able to receive counselling, and I was able to demonstrate to the Crown that he had received adequate punishment by being kicked out of his program at the school they were attending.

Decision/Outcome

Client entered a peace bond promising not to have any contact with the complainant.

R. v. W. 2014 Orangeville) - Assault x3
Background

Domestic incident.

Strategy

To demonstrate that allegations against my client had been extremely dramatized by his wife, and to provide evidence that she had said on multiple occasions that my client needed to be "taught a lesson". Similarly the wife was also charged with an assault on my client and later charged with multiple counts of Impaired Driving.

Decision/Outcome

All charges were withdrawn since the complainant had such an alcohol problem that she had zero credibility.

R. v. S. (2014 Brampton) - Assault
Background

Domestic incident.

Strategy

To convince the Crown that my client was half the size of the complainant. It was clear there had been a bad argument between the two of them and that at the time when he says my client assaulted him, she was actually backed into a corner and felt threatened by him, and felt she had no choice but to strike out at him.

Decision/Outcome

Charges were stayed.

R. v. R.W. - Dangerous Driving; Assault with a Weapon
Background

Mr. W was involved in a domestic incident with his wife of 13 years; there had been prior domestic occurrences but no charges. Following a verbal argument Mr. W followed his wife in his vehicle and hit the back of her car several times resulting in an accident in which he lost control of his vehicle and hit the front porch of a neighbouring house

Strategy

to demonstrate that Mr. W was taking actions to address his issues and attempts at remediation; suggested that he attend the Partner Assault Response Program, probation, counselling for anger management issues

Decision/Outcome

Received an intermittent sentence of 14 days to be served on weekends

R. v. M.P. - Assault with a Weapon
Background

This was an alleged domestic assault, in which the complainant was the accused person's ex-wife's stepfather. They got into an argument and the stepfather was verbally abusive and the accused struck him with his hand, and then the stepfather threw a glass at him. The stepfather was also charged, but the charges against the stepfather were withdrawn. The accused had a trial date set.

Strategy

Just prior to the trial date, I had a conversation with the Crown in which it was agreed that if Mr. P did some counselling, the Crown would agree to a peace bond since the charges against the stepfather had been previously withdrawn.

Decision/Outcome

Mr. P attended counselling, entered peace bond, charges withdrawn

R. v. R.I. - Assault
Background

Road rage incident. Crown initially wanted him to be convicted because he had thrown hot coffee onto complainant.

Strategy

Convince Crown there would have been injuries if the coffee had been scalding hot, but there were no injuries whatsoever. He took a counselling program on road rage.

Decision/Outcome

Charges withdrawn

R. v. R.K. - Assault, Sexual Assault, Forcible Confinement
Background

Charged with sexual assault and forcible confinement.

Strategy

To convince the Crown that there was in fact way more to the story than what the complainant had originally told the police because she was married and had a boyfriend and was involved with the accused. We convinced the Crown she needed to speak to the complainant's lawyer and the complainant's lawyer then provided an affidavit to the Crown clarifying that the complainant did not wish in any way to pursue the charges.

Decision/Outcome

Charges were withdrawn, client signed a peace bond.

R. v. M.S. - Assault x2, Utter Threats x2
Background

Charged with a domestic. During the interview with the police the complainant complained of other previous incidents. Trial date was set.

Strategy

During course of cross examination, it became clear that the complainant was motivated to get money from the accused and his brother, and that she had in fact coached her daughter to support her version of the events which became clear during the cross examination of the daughter.

Decision/Outcome

In her decision, the judge said while she is suspicious and while the accused is probably guilty of an assault, at some point during the marriage given the complainant's lack of credibility, she could not be certain and he was found not guilty.

R. v. S.S. - Assault and Assault with a Weapon
Background

Domestic incident resulting in my client being charged with assault and assault with a weapon.

Strategy

There was no hope of resolution, Crown seeking 9-12 months, 2 days of trial were set aside, we had requested medical documentation to understand the Crown's position. Prior to trial and prior to receiving the medical report, the Crown had laid a new information charging the client with aggravated assault. On the eve of trial, the Crown disclosed a doctor's report that supported our position and contradicted the complainant. The Crown offered my client a plea to simple assault for a suspended sentence and probation.

Decision/Outcome

After a lengthy sentencing hearing, I was able to convince the judge to grant a conditional discharge.

R. v. M.H. - Criminal Harassment
Background

Domestic incident

Decision/Outcome

Charges withdrawn, peace bond

R. v. S.M. - Assault
Background

Domestic incident

Decision/Outcome

Suspended sentence with 18 months probation

R. v. S.W. - Assault with a Weapon, Assault x2
Background

Plead to one count of assault

Decision/Outcome

Conditional discharge with 9 months probation

R. v. J.K. - Assault
Background

Plead to assault

Decision/Outcome

Conditional discharge and probation for 18 months

R. v. I.I. - Assault with a Weapon x3, Assault x3, Breach of Undertaking
Background

Domestic incident

Strategy

Plea to one count of assault

Decision/Outcome

Discharge with conditions for 1 year including counselling for anger management, domestic violence, depression and grief

R. v. M.C. - Assault
Background

Domestic incident

Strategy

Entered guilty plea.

Decision/Outcome

Received absolute discharge.

R. v. C.N. - Assault, Obstruct Police, Impaired Driving + Refuse Roadside
Background

Sentenced for impaired, other charges withdrawn - fine, 1 year driving prohibition, probation

R. v. N.H - Assault
Background

Domestic incident

Strategy

Crown asking for conditional discharge and 1 year probation

Decision/Outcome

Counselling, convinced crown to withdraw the charge

R. v. A.R. - Assault
Background

Entered into a peace bond, charges withdrawn

R. v. P.S. - Assault
Background

Domestic incident

Decision/Outcome

Charges were stayed

R. v. G.P. - Assault
Background

Domestic incident

Strategy

Plea to 1 count of assault.

Decision/Outcome

All other charges withdrawn. Conditional discharge with probation for 2 years.

R. v. N.R. - Assault with a Weapon
Background

Plea to assault as a lesser offence

Decision/Outcome

Conditional discharge, probation for 12 months, counselling as directed

R. v. T.F. - Criminal Harassment
Background

Trespass at Night

Strategy

Pled to criminal harassment and other charges were withdrawn

Decision/Outcome

Received a suspended sentence and probation for 2 years (client would have received a discharge but prior to sentencing he got re-arrested)

R. v. G.D. - Assault x2
Background

Domestic incident

Decision/Outcome

Received a conditional discharge with probation for 6 months.

R. v. J.W. - Assault x3
Background

Domestic incident

Decision/Outcome

All charges were withdrawn; peace bond signed

R. v. R.A. - Uttering Threats
Background

Peace bond

R. v. H.S. - Assault
Background

Domestic incident

Decision/Outcome

Trial, found not guilty

R. v. D.S. - Assault With Intent to Resist Arrest
Strategy

Plea to assault, all other charges were withdrawn

Decision/Outcome

Conditional discharge with probation for 18 months

R. v. S.S. - Assault
Strategy

Pled to assault charge, received conditional discharge, 18 months probation for assault on special needs child in private care - client was extremely remorseful and counsellor and psychiatrist all wrote very supportive reports

R. v. J.S. - Assault x2
Strategy

Domestic incident just two weeks prior to their destination wedding; client attended for counselling and crown changed the bail to allow them to have contact and get married

Decision/Outcome

Charges were withdrawn after demonstrating counselling both individual and joint marital counselling

2013 and older cases

R. v. L. (Brampton Court, May 2013)
Background

Client and his wife had been married for 40 years, and engaged in a verbal argument in which she believed he was engaging in an affair. The argument escalated (in which client supposedly picked up a lamp), police were called, and upon admitting that he had a previous prior domestic incident, he was arrested for assault with a weapon, assault, and uttering a threat to cause death. Following this incident client and his wife were at a mutual friend's funeral, wife pleaded for client to drive her home which she did, he was pulled over for an unrelated traffic incident, and was charged with breach of recognizance.

Strategy

To convince client to plead guilty to charges based on a set of facts that he could accept. He then pled guilty to the charges of uttering a threat to cause death, and to the breach of bail, as the Crown was willing to give a discharge.

Decision/Outcome

Client received an absolute discharge on both charges.

R. v. L. (Milton Court, December 2012)
Background

Client and her husband got into a verbal altercation following him calling their daughter inappropriate names and attempting to force her to sit down with him. Husband had a history of alcohol abuse and the couple had been separated for many months. Verbal argument supposedly escalated, and client was charged with assault.

Strategy

To prove that client had been acting in self defense, and that this was a marital matter that could be taken care of through a peace bond. Also to provide statements from the witnesses, their children.

Decision/Outcome

Charges were withdrawn.

R. v. B. (Brampton Court, October 2012)
Background

Client and his wife of 10 years had a history of domestic arguments and potential violence, and after a call to the police from his wife following an argument in which client threw a radio out the window, client was charged with mischief and assault with a weapon contrary (a couple weeks earlier he had allegedly thrown a calculator at his wife's foot).

Strategy

Client was pleading not guilty because the stereo belonged to him, and you cannot commit mischief in relation to your own property. The assault was an accident, he was throwing the calculator out of anger and frustration but not at her (it ricocheted and hit her). After that trial date had been set, the Crown approached me to have further conversations, and it was agreed if he did counseling up front the Crown would withdraw the charge.

Decision/Outcome

Charges were withdrawn, client entered into a peace bond.

R. v. H. (Brampton Court, September 2012)
Background

Following a verbal argument with his wife, client allegedly punched his wife twice on each arm and on the back. A co-worker the wife had talked to reported the incident to the police, and client was charged with two counts of assault.

Strategy

To show this was an out-of-character incident for my client and he was deeply remorseful, and to show he was taking action to rectify the situation by seeing a social worker.

Decision/Outcome

Client received a discharge and no criminal record.

R. v. S. (Brampton Court, August 2012)
Background

Client had a history of domestic disturbances with his wife… one particular argument that occurred in 2010 resulted in a warrant for client’s arrest of uttering threats. However, at that time client had moved to the United States. In April of 2012, client was pulled over by police for an unrelated traffic charge, and it was discovered there was a warrant for his arrest, and he was taken into custody.

Strategy

To prove that my client had been unaware there was a warrant for his arrest, and that he and his wife had been living together peacefully for a year and a half and he had no knowledge of the warrant, in hopes for a peace bond.

Decision/Outcome

The Crown would not agree to a peace bond. A trial was conducted and the client was acquitted.

R. v. K. (Brampton Court, July 2012)
Background

Following an escalated argument with her boyfriend over infidelity in which alcohol was a factor, in which she allegedly scratched and bit him, client was charged with assault.

Strategy

To show that this was an out-of-character incident for my client, and show she was participating in an anger management program to rectify the situation.

Decision/Outcome

Charges were withdrawn, and client signed a peace bond.

R. v. P. (Brampton Court, May 2012)
Background

Following a heated argument between client and his wife, client's stepchild reported domestic incident to a teacher, and client was charged with assault. There had been no previous domestic incidents, and wife indicated client never got aggressive like that.

Strategy

To attempt to convince the Crown that this was an isolated and out-of-character incident, but the Crown wanted a jail sentence, so client completed counseling on his own before pleading guilty, to show that he was sincere in his efforts to rehabilitate.

Decision/Outcome

Able to convince the judge to grant him a conditional discharge, with probation for 18 months and no contact unless given permission.

R. v. M. (Brampton Court, March 2012)
Background

Following a domestic disturbance call and an escalated verbal argument with her boyfriend, client was charged with assault.

Strategy

To prove that this was an out of character incident for my client, and that the "victim" did not feel his safety had been threatened in this incident, and that it was something that could be handled outside of court.

Decision/Outcome

Charges were withdrawn.

R. v. G. (Brampton Court, January 2012)
Background

Following an argument with his girlfriend, my client broke a glass cabinet, grabbed a kitchen knife, and then promptly left the residence. He and his girlfriend then engaged in a loud verbal argument outside, upon which my client uttered threats and the police were called. Client was charged with mischief under $5,000, weapons dangerous, and two counts of uttering death threats.

Strategy

To have the matter adjourned for an extended period of time while my client completed a 16-session anger management course. He graduated from that course with a glowing recommendation.

Decision/Outcome

Pled guilty to the charges and received a conditional discharge, with no criminal record. The judge accepted that he was just 18 years old at the time of the incident; had acted in an immature manner, but should not be saddled with a criminal record for the rest of his life.

R. v. N (Brampton Court, January 2012)
Background

Following a physical altercation at a local Tim Horton's, my client was charged with aggravated assault.

Strategy

To prove that my client had been acting in self-defense. During the trial, the man who had been injured in the altercation admitted that my client was not the person who struck him, and that my client had nothing to do with the incident.

Decision/Outcome

Client was acquitted.

R. v. F. (Brampton Court, January 2012)
Background

Following provocation from a fellow coworker, my client engaged in an altercation with said coworker that resulted in his indefinite suspension from work and him being charged with assault. My client did not remember much of the episode due to an anxiety attack and manic episode, and was immediately remorseful and apologized for his actions.

Strategy

convince the Crown that this was out of character for my client, and an isolated incident. The client had been personally dealing with a lot of stress, and was suffering from anxiety, severe stress, and depression. To prove that my client was attempting to rectify the situation, we demonstrated how he had enthusiastically completed an Anger Management course through the Salvation Army.

Decision/Outcome

Charges were withdrawn and the client signed a peace bond.

R. v. J. (Brampton Court, January 2012)
Background

After getting into an argument with his girlfriend whom he lived with, my client slapped his girlfriend across the cheek. The police were called, and my client was charged with domestic assault.

Strategy

To convince the Crown that my client was taking the situation seriously by seeking upfront counseling, focusing particularly on anger management in order to avoid a criminal record.

Decision/Outcome

Client was given a conditional discharge and assigned to a 16-week counseling program.

R. v. S. (Brampton Court, December 2011)
Background

Client and his wife got into a domestic dispute, which ended with my client hitting his wife in the face with a slipper and her calling the police. Client was charged with assault with a weapon. There were no previous incidents of domestic disputes with my client and his wife. The judge found him guilty, but sentencing was adjourned in order to gather information.

Strategy

To prove that if my client was criminally convicted of assault with a weapon he would lose his taxi license and therefore his job.

Decision/Outcome

Client was given a conditional discharge with 1 year probation and 50 hours of community service, with no criminal record.

R. v. H. (Brampton Court, December 2011)
Background

Following an altercation with her boyfriend in which she supposedly hit him multiple times and bit his arm, then sent threatening text messages, client was charged with assault and uttering threats to cause death or bodily harm.

Strategy

To show that this was an out-of-character occurrence for my client, and to show her difficult and traumatic familial past had an influence on her wrongdoings.

Decision/Outcome

The Crown would not withdraw the charge and so a trial date was set. At the trial date, the Crown had no witness and the charge was withdrawn.

R. v. B. (Brampton Court, June 2011)
Background

Client was in a unofficial relationship with girl at his high school; relationship went bad and girl accused client of assault after several interactions and text conversations. Client was charged with uttering threats, two counts of assault, and sexual assault.

Strategy

Through extensive negotiations with the Crown, we were able to agree on a set of facts that the client could admit to. We had a pre-trial with a judge, and the client pled guilty to one count of assault.

Decision/Outcome

All other charges were withdrawn, and judge granted a conditional discharge and probation for 3 months in response to the assault charge he pled guilty to, so he could be free and clear of any conditions by the time he started university in September. We were also able to convince the school and the Crown to allow him to attend his prom and his final exams, as he had previously been banned from the school because of these charges.

R. v. L. (Brampton Court, May 2011)
Background

After engaging in an argument that turned physical with his wife of twenty-five years, my client was charged with assault.

Strategy

To convince the judge that there were substantial extenuating circumstances that led up to this particular assault and that the incident was not something that would ever be repeated. It could not be argued that this was out of character for him because he had previously faced some serious charges of sexual assault.

Decision/Outcome

Client was given a conditional discharge and six months probation.

R. v. C. (Brampton Court, March 2011)
Background

Following an altercation with her boyfriend in his vehicle, in which alcohol was a factor, my client was charged with assault. Later that night, my client and her boyfriend engaged in another physical altercation, during which my client allegedly hit her boyfriend with a computer mouse. The police were called, and my client was charged with assault with a weapon.

Strategy

To convince the Crown that she had been abused by her boyfriend on a number of previous occasions, and that he was a particularly manipulative, nasty individual. Tried to convince the crown that she should not be prosecuted for an assault on him that he claims she committed while not acting in self-defense.

Decision/Outcome

Able to show the Crown a whole series of photographs that showed extensive bruising to my client. The Crown was persuaded that she had been a victim, and the charge was withdrawn.

R. v. I. (Brampton Court, October 2010)
Background

Client charged with assaulting his ex common law spouse.

Strategy

Convince the Crown that the complainant alleged the assault because she thought it would get her into subsidized housing. I was able to show the Crown some documents that supported that theory.

Decision/Outcome

Client signed a peace bond and the charge was withdrawn.

R. v. N. (Brampton Court, October 2010)
Background

Client accused of assaulting another man by swarming him with three other friends and punching and kicking him.

Strategy

Convince the Crown that the complainant, who denied even knowing my client, was not credible and that in fact the complainant had previously assaulted my client’s mother.

Decision/Outcome

Crown agreed to have my client sign a peace bond and the charges were withdrawn.

R. v. C. (Brampton Court, October 2010)
Background

The client, a young person, was charged with breaking into another young person’s house and beating him up and breaking his nose. The victim did not want to speak with police but his dad made him. He did not want to co-operate because he was a drug dealer who had taken my client’s money.

Strategy

Convince the Crown not to proceed on the Break and Enter charge because my client denied that but did admit to the assault. Crown agreed that this was appropriate in all the circumstances of the case.

Decision/Outcome

Client plead guilty to assault and I was then able to persuade the judge to grant my client an absolute discharge.

R. v. A. (Brampton Court, August 2010)
Background

Client found himself charged with Assault Causing Bodily Harm after a verbal argument inside a local retail store turned violent. The client lost his cool and punched the victim in the face several times, leaving the victim with a bloody eye, a bloody nose, and a fractured cheek bone.

Strategy

The client had never been in trouble before and held an important job that required him to travel to the U.S. and so we had to avoid a criminal record. We made sure the client undertook anger counseling and did volunteer work. We then gathered several letters showing that this was out of character for the client.

Decision/Outcome

The crown had originally been seeking 60 days in jail but the Crown was impressed with his efforts at counseling and allowed him to plead guilty to simple assault and not ask for jail. I was then able to persuade the judge to grant the client a discharge so that he did not have a criminal record.

R. v. J. (Brampton Court, July 2010)
Background

Client was charged with Assault with a Weapon and Uttering Threats for allegedly holding a knife to his former friend’s throat and threatening her.

Strategy

Convince the Crown that the complainant is not credible and they should not proceed with the charges. I disclosed to the Crown text messages sent by the complainant to my client after she was allegedly assaulted and threatened by my client. The messages showed a clear lack of fear and made it doubtful that the events she complained about had actually happened.

Decision/Outcome

Crown had my client sign a peace bond and withdrew the charges.

R. v. F. (Brampton Court, June 2010)
Background

Client had given a statement to police under oath alleging an assault by her boyfriend. She did not, however, tell the police everything and wanted to change her statement.

Strategy

I needed to meet with the Crown with her boyfriend’s lawyer also present. I had a sworn affidavit from the client stating what had actually happened but I needed to get the Crown to agree not to charge my client with an offence for not telling the whole story before.

Decision/Outcome

The affidavit was drafted in such a way that the "fuller version" did not make her guilty of perjury for her previous statement. She was not charged and the charges against her boyfriend were withdrawn by the Crown.

R. v. T. (New Market Court, June 2010)
Background

Client charged with assaulting his wife but she was alleging the assault to gain an advantage in the family court.

Strategy

Convince the Crown that there was no public interest in pursuing the case when there was real reason to suspect the complainant’s motives.

Decision/Outcome

Client signed a peace bond and the charge was withdrawn.

R. v. W. (Brampton Court, May 2010)
Background

Client charged with Assault Bodily Harm for breaking the victim’s nose in a fight they had following a university party.

Strategy

Convince the Crown that the complainant had actually started the fight and had actually done damage to my client’s sister’s room where the party was. I was able to show the Crown postings on Facebook by the complainant where it became clear that he was the trouble-maker and in no fear of my client at anytime.

Decision/Outcome

Charge withdrawn by the Crown. Client signed a peace bond.

R. v. C. (Brampton Court, May 2010)
Background

Client was caught shoplifting and then assaulted the security officer.

Strategy

Convince the Crown that this was completely out of character for the client who had never been in trouble before. I needed the assault charges dropped and then I would try to have the theft charge diverted. I had the client write a letter of apology and do some volunteer work which impressed the Crown.

Decision/Outcome

I was able to persuade the Crown to drop the assault and the client received diversion for the theft charge. The client was not found guilty of anything and maintained his clean record.

R. v. S. (Cambridge Court, May 2010)
Background

Client got drunk and went to the house where he had been living with his previous girlfriend. He broke into the house and beat up her new boyfriend (sent him to the hospital) and also assaulted his girlfriend in the process.

Strategy

I needed to minimize the damage since the Crown was seeking a sentence of 9-12 months in jail and the client did not have a defense and was found handcuffed to a chair when the police arrived on scene. The client wrote a sincere letter of apology and began counseling for anger and alcohol related issues.

Decision/Outcome

Client received 30 days in jail which he was permitted to serve on weekends to accommodate his work schedule.

R. v. H. (Brampton Court, April 2010)
Background

My client was charged with assaulting a bartender who had been badly beaten by a baseball bat by someone else. It was alleged my client had kicked the bartender when he was down.

Strategy

Convince the Crown that the evidence against my client was too weak to proceed.

Decision/Outcome

I was able to convince the Crown and the client signed a peace bond and the charges against him were withdrawn.

R. v. M. (Brampton Court, April 2010)
Background

Client was charged with assaulting her partner by punching her and giving her a black eye. Both parties had extensive criminal records.

Strategy

Convince the Crown that my client had been provoked and they should not seek a jail sentence. The complainant had previous convictions for violent offences.

Decision/Outcome

Crown agreed to probation and backed away from their initial position of 60 days in jail.

R. v. M. (Milton Court, February 2010)
Background

The client had been off work as a result of a work-related accident. He felt his union was not supporting him and his efforts to get back to work. As a result, he telephoned the union chief and threatened to kill him. He left the threat on the union chief’s voice mail and so it was impossible for him to deny having made the threat.

Strategy

The client suffered from some mental health issues and the Milton Court has a Mental Health Diversion Program. I met with the mental health worker and arranged for the client to participate in that program.

Decision/Outcome : After participating in the diversion program, the client entered a Peace Bond and the charge against him was withdrawn.
R. v. K. (Brampton Court, January 2010)
Background

The client and his wife were heavily intoxicated while at a local bar. They were cut off from consuming more alcohol and so they left the bar but came back later. After returning, they got into an argument with other people at the bar which resulted in Mr. K being beat up. While on his way out of the bar after the fight Mr. K thought he saw the people responsible and lunged at them. In the process of doing so, he sent a waitress flying into some other tables. Seeing her husband in trouble, Mrs. K struck out at two individuals who she thought were responsible – turns out they had nothing to do with anything and were simply eating their dinner when they got assaulted by this woman. After knocking the waitress down, Mr. K then smashed the cash register.

Strategy

Neither client had ever been in trouble before. This was their first outing since their baby had been born 15 months ago. I instructed them to make charitable donations and for Mr. K to do some volunteer work and pay the bar back for the damages he had done. I also had them both write apology letters and had Mr. K attend for an alcohol assessment. Neither client had an alcohol problem; this was an out-of-character incident for both of them and I needed to convince the Judge of that.

Decision/Outcome : Both clients pleaded guilty to one count of assault. The Judge was particularly impressed by their expressions of remorse and by their efforts at paying back to the community. I asked the Judge to grant them both an Absolute Discharge and he did.
R. v. B. (Brampton Court, November 2009)
Background

The client lived in a condo unit in which his bedroom window opened right onto his neighbour’s balcony. The neighbours were persistently loud into the night and the client and his wife had a newborn baby that was often waking up in the night. The neighbours were asked repeatedly to keep the noise down but they did not do so and so the client told them that he was going to kill them.

Strategy

The client had no defence to the charge but could not afford a criminal finding of guilt because of the government job that he held. I needed to convince the Crown that the neighbours were not actually at risk of being killed by my client. I instructed the client to sell his condo unit and move.

Decision/Outcome

Once the Crown received confirmation that the client and his family had moved; they agreed to withdraw the charge and the client entered a Peace Bond where he agreed to have no contact with the former neighbours.

R. v. W. (Brampton Court, November 2009)
Background

The client and his two boarders had been drinking heavily and got into an argument. It was alleged that the client had knocked the female to the ground causing her to go unconscious. It was further alleged that he had punched the male boarder in the face and then cut him on the hand with some sort of sharp object.

Strategy

The client worked at a sensitive location which required regular security checks. This meant that he could not have a criminal entry on his record. I attempted to convince the Crown that everyone was too intoxicated to say with any certainty what had actually happened. I then obtained further information which made it clear that the boarders did not wish to proceed with charges. I provided this information to the Crown Attorney so that it could be investigated.

Decision/Outcome

The police were unable to contact either of the boarders. It became clear that they were not interested in talking to the police for any reason. The Crown became frustrated and ultimately withdrew the charges.

R. v. R. (Brampton Court, November 2009)
Background

The client was charged with striking her 5 year old son with a belt. The belt left a welt on his arm that was seen when he went to school and the authorities were contacted. The client admitted to police that she had struck her son with the belt because his behaviour at school and at home was out of control.

Strategy

Avoid a criminal record for the client by convincing the Crown and the Judge that this was a case of excessive discipline, not abuse. To put the client in the best position possible, I made sure that she had already completed a parenting course prior to the matter going before the Judge.

Decision/Outcome

Because of the mark that was left on the young boy’s arm, the Crown tried to insist that the client should receive a criminal record. The Judge agreed with my submission and granted the client a Conditional Discharge – meaning no criminal record.

R. v. S. (Brampton Court, October 2009)
Background

The victim was swarmed by approximately 8 other people. He was knocked to the ground and kicked and punched repeatedly. He was hurt quite badly and ended up in hospital overnight but was released the next day.

Strategy

The client admitted to kicking the victim once in the butt but did not admit to doing any of the damage to the person who was hurt. There were 7 other lawyers involved who were all interested in having a trial. My client wanted the matter completed sooner rather than later. The Crown agreed to accept my client’s position that he had only kicked the victim in the butt once.

Decision/Outcome

The client pleaded guilty admitting only to the one kick which did not cause any injury and he received a "reprimand" from the Judge.

R. v. K. (Brampton Court, August 2009)
Background

The client and his friend were heavily intoxicated and called for a cab to get home. Once inside the cab, they got into an argument over fees with the cab driver which resulted in a physical fight. The cab driver was punched and knocked to the ground. The client’s friend then kicked the cab driver while he was on the ground.

Strategy

Even though there had been a legitimate dispute over money, the client was not justified in assaulting the cab driver. It was determined that an early guilty plea should result in a favourable outcome for the client.

Decision/Outcome

The client pleaded guilty to assault in which he admitted to punching the cab driver once only. He then received a Conditional Discharge which meant he did not have a criminal record as a result of this incident.

R. v. H. (Brampton Court, July 2009)
Background

Client is charged with a domestic assault in 2007. He then gets charge with breaching his bail for having contact with the complainant. He then fails to appear in court and a warrant is issued for his arrest. He is arrested in the city he now lives in and taken to court in Brampton for a bail hearing.

Strategy

Client will not be able to post bail and so the case needs to be resolved quickly by way of guilty plea.

Decision/Outcome

I persuade the judge that the client really has changed his life around and is now engaged to a new woman. Judge sentences him to 7 days in jail with no probation. Client could have easily received a sentence of 90 days in jail or more.

R. v. D.S. (Ontario Court of Justice, Brampton Court, 2009)
Background

Client was over 50 years old and had never been in trouble but was now charged with both an Assault on a stranger in a parking lot and a Domestic Assault on his wife which had taken place in front of the children.

Strategy

I instructed the client to immediately enroll in counseling so that we could get a handle on the stresses in his life that led to two assaults within a time span of 10 days when there had been no previous problems with the law. I then sought a Crown Attorney who would at least listen to my client’s version of the parking lot incident. I then began the process of identifying the best judge to plead guilty in front of to ensure the best result possible. The client was admitting the assault on his wife and while the charge was outstanding against him he was legally prohibited from having contact with her. As a result, it was urgent that the matter be resolved quickly so that the family could be re-united – a guilty plea in front of the right judge was required.

Decision/Outcome

The client signed a peace bond agreeing to have no contact with the complaining party in the parking lot incident. He then plead guilty on the domestic assault and we provided the judge with proof of extensive counseling over a 2 month period. The client received an Absolute Discharge and his clean record remains intact. The judge wanted a short sharp period in jail.

R. v. S. (Ontario Court of Justice, Brampton Court, 2008)
Background

Mr. S. was charged with a series of offences against his wife including several assaults (punches, kicks, slaps, etc., over several months), uttering threats to kill his wife on several occasions, and an instance of sexual assault in which it was alleged that he had raped his wife. It was alleged by his wife that most of these instances took place while the accused was intoxicated.

Strategy

Mr. S. denied all the allegations but did admit that he had a drinking problem and so my first advice was to get the alcohol problem under control so that he would be in good shape for the trial. A trial date was then set in the Ontario Court – we decided that the matter should not go before a jury because of the nature of the allegations. The focus of the trial would be on the credibility of S.’s wife and we would not be calling Mr. S. as a witness because he was often intoxicated at the relevant times. It was also determined that I would bluff the Crown into admitting into evidence my client’s statement to the police. The statement included a complete denial of the allegations but I convinced the Crown that I was opposed to the statement being admitted into evidence. She felt that meant there must be something damaging in the statement and she introduced it as part of the Crown’s evidence. Mr. S. did not testify.

Decision/Outcome

Mr. S. was found not guilty on all charges. I argued and the judge accepted that Mr. S.’s denials were now a part of the Crown’s case and he was left in a state of doubt as a result. The result for the client could not have been better; not only was he acquitted of all charges, but he never had to suffer through a cross-examination by the Crown which would have been damaging to his credibility and self-esteem. The Crown had been seeking a sentence of 3 years in the penitentiary.

R. v. V. (Ontario Court of Justice, Brampton Court, 2008)
Background

Client charged with assaulting her husband.

Strategy

Convince the Crown Attorney to withdraw the charge because the client’s husband had been assaulting her for years.

Decision/Outcome

The Crown Attorney investigated my submissions regarding the husband and he was ultimately charged with assaults on my client. The charge against Ms. V. was withdrawn.

R. v. O. (Ontario Court of Justice, 2201 Finch, 2007)
Background

Mr. O. and his mother were both charged with Uttering Death Threats against an individual who sold them a truck that was a lemon. The problem I faced as their counsel was the fact that the threatening messages were recorded on an answering machine.

Strategy

I needed to control the damage and convince the Crown Attorney that the alleged victim really was a scoundrel and that the client’s actions, while inappropriate, were both out of character and understandable in the circumstances. Some background investigation of the complainant uncovered information that convinced the Crown that he was not someone of good character.

Decision/Outcome

The Crown agreed to withdraw the charges against both mother and son; the clients signed peace bonds agreeing to have to no contact with the complainant.

R. v. G. (Ontario Court of Justice, Brampton Court, 1999)
Background

Client was charged with Aggravated Assault because she stabbed her husband of 40 years in the arm. He was severely injured but did recover.

Strategy

Damage control. The client was clearly guilty but she was provoked through years of verbal and physical abuse by her husband which had been confirmed by the police during their investigation. The client would need to plead guilty in front of a judge who would be sympathetic to her situation.

Decision/Outcome

The judge listened to my submissions and granted the client an Absolute Discharge. The Crown had been seeking a jail sentence of 6 months.

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