Our client, Mr. B, was a young man with no criminal record. However, he found himself facing serious criminal allegations when he was accused of touching a girl on the school bus. He was charged with sexual assault as a youth. The Crown was seeking 18 months of probation for Mr. B, which would have strict conditions. Mr. B denied the allegations.
The difficulty for the Crown in this case was that, despite the alleged touching happening on a crowded school bus, no one else had witnessed it or heard the complainant say anything. In addition to this, the video cameras on the bus were not working at the time.
The goal was to avoid a conviction. Ideally, the charges would be withdrawn by way of a peace bond without a trial, but Mr. B was willing to go to a trial if necessary, in order to avoid a conviction.
In order to convince the Crown to resolve the matter with a peace bond, Mr. Dhaliwal sought to highlight the issues with their case. Based on the lack of corroborating evidence of the complainant’s version of events, he argued that it would be difficult for them to prove the allegations beyond a reasonable doubt.
In addition to the negotiations, Mr. Dhaliwal encouraged the client to undertake some counselling in order to demonstrate responsibility. In a judicial pre-trial, the judge also agreed that resolving the matter would be appropriate; however, the Crown remained to be convinced.
The result was a success: the Crown ultimately agreed to resolve the matter with a peace bond. This meant that the charges against Mr. B were withdrawn, and he agreed to keep the peace and be of good behaviour. Importantly, this result was achieved without going to a trial, which would have been both costly and risky. Mr. B and his family were very happy with the result and the expedient fashion in which it was achieved.