Eric's Case — Assault (Domestic) — Dismissed

Client:  Eric, Accused
Complainants:  Lori, Eric's former spouse, and Tanya, Lori's friend
Charges:  Assault (2x)

Background:  Eric did not get along with his former spouse Lori. They argued often. During one such argument, Eric decided that he had enough and wanted to leave. He left the house. He headed for his car across the street. Lori tried to stop Eric from entering his car. Eric pushed her out of the way, entered his car, and drove away. Lori's friend Tanya joined the fracas. In the melee that followed, Eric touched Tanya, leaving blood on her face. Both Eric and Lori received injuries. Lori and Tanya reported the incident to the police. On his way home, Eric stopped at a police station to report what had happened. He was arrested on two charges of assault.

READ THE POLICE REPORT

Goals:  Eric wanted to have the charges withdrawn or to beat them at trial.

Strategy:  The Crown refused to withdraw the charges. We scheduled the trial. Our defence to the assault on Lori was that Eric was entitled to use reasonable force to enter his own car: that was exactly what he did, no more. Our main defence to the assault on Tanya was that the touching was accidental.

Results:   The Judge accepted both arguments. He dismissed both charges.

READ THE JUDGE'S DISMISSAL OF THE CHARGES