Austin's Case — Assault (domestic) — Dismissed

Client:   Austin M., Accused
Complainant:   Austin's wife
Charges:   Assault, Criminal Code, s. 266

Background:   The situation was getting rocky between Austin and his wife. They were constantly arguing about that perennial source of marital conflict — money. You can read in the police report just how their anger brewed over, leading to the above charge against Austin.

READ THE POLICE REPORT

Goals:   Austin wanted to have the charge withdrawn or to beat it at trial.

Strategy:   The chances of getting this charge withdrawn were in the slim-to-none category, so we focused on preparing for trial. Our defence was that Austin was attacked by his wife. Our position was that her injuries resulted from Austin defending himself against her attack. Since there were no witnesses other than Austin and his wife, Austin could only put this defence forward by testifying that "I didn't do it." As a result, we knew that the case would turn on an assessment of Austin's and his wife's credibility — what many lawyers refer to as a he-said, she-said case.

Results:   Months later, we attended for trial. When I met with the Crown, he presented me with another statement from Austin's wife that she had written that morning. In this most-recent statement, she admitted that she had earlier lied to the police when she told them that Austin had pulled her hair and had dragged her across the floor. Given this significant development, the case was adjourned that morning to give us further time to prepare. The second trial took place approximately eleven months after Austin had been arrested. As you can read in the link below, the Judge was neither impressed with Austin nor with his wife. As a result, he acquitted.

READ THE JUDGE'S DISMISSAL