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City: Kingston, Ontario
Our Client: Mr. C.
Charge(s): Domestic Assault x3, Criminal Harassment, Mischief Under and Theft Under
Lawyer:  Virginia Dolinksa
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Case Study: Domestic Assault x3, Criminal Harassment, Mischief Under and Theft Under

Background Allegations

Charges against Mr. C. ranged from February 2018 to July 2019. Mr. C. did not have a criminal record, however, there were previous incidents of domestic violence allegations made by Mr. C. against the complainant who was convicted. The complainant, Mr. C.’s wife, alleged multiple domestic assault incidents dating as far back as February 2018. Amongst others, the allegations consisted of slapping the female across the face, spitting in the female’s face, pushing the female to the ground, causing bruising to her arms, as well as taking her phone and damaging it beyond repair. Additionally, it was alleged Mr. C. sent the complainant over one hundred text messages. Mr. C. denied all allegations.

Goal

Our client could not admit to the charges. The goal was to have Mr. C.’s matter withdrawn. In the alternative, we were prepared to go to trial on all counts.

The Strategy

After a review of all disclosure materials with Mr. C. it was evident that the complainant came forward with false allegations. The factual background of each incident was very similar to the incidents for which the complainant was previously convicted. A very detailed recap of all incidents was presented to the Crown during pre-trial discussions. The Crown agreed to speak with the complainant regarding the potentially misleading and false claims.

Result

The Crown decided not to proceed with the charges. All charges against Mr. C. were withdrawn, and Mr. C. entered into a peace bond, leaving him with no criminal record.

Please Note: Past results not predictive of future results.

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