David's Case — Assault (road rage) — Withdrawn

Client:   David A., Accused
Complainant:   a pedestrian
Charge:   Assault, Criminal Code, s. 266

Background:   David stopped his vehicle at a cross walk. He wanted to let a pedestrian cross. Behind him was an impatient driver who wouldn’t stop honking his horn. The pedestrian started yelling and gesticulating at David. He thought that it was David honking the horn. David got angry, and jumped out of the car. A scuffle ensued. The pedestrian called the police. David was charged with assault. He denied the assault.

READ THE POLICE REPORT

Goals:   My instructions were to get the charge withdrawn or to beat it at trial. David was not interested in pleading guilty.

Strategy:   I asked the Crown to consider withdrawing the charge. I suggested that David could sign a peace bond with a condition not to have any contact with the pedestrian. The Crown consulted with the pedestrian. The pedestrian was adamant about the Crown proceeding against David. The Crown refused to withdraw the charge. We scheduled the trial. Six weeks before trial, the pedestrian’s lawyer contacted David demanding $1500 in exchange for his endorsement of our proposal for a "peace bond." This was a stupid move on the lawyer’s part. The lawyer had opened both him and his client to an allegation of extortion and obstruction of justice. I immediately sent the letter to the head Crown. I argued that the complainant was essentially not genuinely concerned about the charge as a victim, and that, in the circumstances, it would be abusive for the Crown to continue the proceedings.

Results:   The Crown agreed. When we attended Court, David signed a peace bond with a condition not to have any contact with the pedestrian. David’s charge was then withdrawn. The whole process took eight months.