Barry's Case — Assault & Weapons — Dismissed

Client:   Barry S., Accused, Homeowner and Landlord
Complainants:   his tenant, Miles, and Miles' guests
Charges:   Assault; Point Firearm; Weapons Dangerous; Careless Storage

Background:   Barry lived with his wife and their 14-year old son. His two daughters were away 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, and tried to keep Miles and his friends downstairs. It wasn't long before matters got out of hand. One night, Miles tried to make his way upstairs. Barry and his wife beat him back with a stick. The next night, Barry and his wife were feeling threatened again. Barry went downstairs with his unloaded shotgun. Panic ensued. The Emergency Task Force were called. Barry was arrested and charged.

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Why Dismissed:   The Crown was not sympathetic. They refused to withdraw the charges. We scheduled the matter for a two-day trial. Our defence was self-defence. Barry's trial began. The Crown called its witnesses. As Miles and his unsavory friends testified, the sympathy in the Court room for Barry and his family grew and grew. Near the end of the 2nd day, it became clear that the trial would take another 2 days. Before re-scheduling the matter, the Crown and I attended a pre-trial meeting before a 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 S. would agree not to have any contact with Miles M. and his friends, and not to possess any firearms for 5 years. After discussions with the Crown team leader, the Crown agreed. Fifteen months had passed since Barry lay face down in the snow and heard the click of the handcuffs behind him. He was finally exonerated. The Judge dismissed all charges.