Barry's Case — Assault & Weapons — Dismissed

Client: Barry S., Accused, Homeowner and Landlord
Complainant: his tenant
Charges: Assault, Point Firearm, Weapons Dangerous, and Careless Storage

Background: Barry lived with his wife and their 14-year old son. His two daughters were at medical school. To help with finances, Barry rented a room on his main floor. The tenant was a disaster. As Barry's son would later explain, their house was a war zone. All night long there would be music, smoking, and drugs. In the morning, there would be people sleeping on the floor. During the night, Barry and his family stayed upstairs, afraid and unable to sleep. It wasn't long before matters got out of hand. One night, the tenant tried to make his way upstairs. Barry's wife beat him back with a stick. The next night, Barry and his wife felt threatened; Barry went down holding his unloaded shotgun. Panic ensued. The Emergency Task Force were called. Barry was soon face down in the snow. ETF rifles were trained upon him.

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Goals: Barry wanted the charges withdrawn or dismissed.

Strategy: Our defence was self-defence. The Crown was not sympathetic. They felt this was a serious matter requiring a dedicated and focused prosecution. There was no avoiding a criminal record during the pre-trial process, so we scheduled the matter for a two-day trial.

Results: The trial started. As the tenant and his unsavoury friends testified, the sympathy for Barry and his family grew and grew. This tenant wasn't a poster boy for victims of crime. Near the end of the second day, it became clear that the trial would take another two days. Before re-scheduling the matter, the Crown and I attended a pre-trial meeting before another Judge. Much to my chagrin, the Crown still wanted Barry S. to plea guilty to lesser charges. I refused. I proposed that, if all charges were dismissed, Barry would agree to stay away from the tenant for one year and to a weapons prohibition for five years. After discussions with the Crown team leader, our Crown agreed. Fifteen months after Barry felt the cold click of the handcuffs behind him, the Judge dismissed all charges.

READ BARRY'S TESTIMONIAL