Joseph's Case — Assault & Threat — Dismissed

Client:  Joseph K., Accused
Complainant:  Carl T., Family Friend
Charges:  Assault and Threatening, Criminal Code, ss. 266 and 264.1(1)(a)

Background:  Joseph and his wife were in obvious distress. Joseph had been charged as a result of an incident at the recent wedding of his wife's brother. The complainant was a friend of his wife's family. When this friend complained to the police about Joseph's behaviour, the police refused to charge Joseph. Then the complainant went directly to the Justice of the Peace. The complainant swore an information, and convinced the Justice to compel Joseph to come to Court to answer the charges. When Joseph came to Court, the Crown took over the prosecution. A police officer was then assigned to the matter.

READ THE POLICE REPORT AND THE COMPLAINANT'S STATEMENT

Goals:  Joseph would accept nothing short of an outright withdrawal or dismissal. He also made it clear that he was not interested in signing a peace bond. (Although a peace bond is usually an excellent result — there being no criminal record at the end — Joseph felt that signing a peace bond would only add insult to injury.)

Strategy:  The Crown refused to withdraw the charge (although they did offer a peace bond at one point). Joseph confirmed that he wanted to go to trial. There were two very different versions of the incident:  theirs and ours. In the words of Huckleberry Finn, somebody was telling stretchers. For our strategy, I assumed the classic approach that has served criminal defence lawyers for hundreds of years. Firstly, I planned to undermine the credibility and reliability of the Crown's witnesses. If they could not be believed, the Judge would have to acquit. Secondly, I planned to put forward my defence through both Joseph and his wife. If they were believed, the Judge would have to acquit. But you must also keep in mind that I never had to convince the Judge of "our version." A criminal trial is not a credibility contest. I only had to raise a reasonable doubt. If the Judge did not know who to believe, he would still have to acquit.

Results:  The trial took place as scheduled. As you might suspect, the atmosphere at the wedding (which the Judge described as poisonous) found a way of manifesting itself at the trial. After two days of evidence and submissions, the Judge rendered his verdict. His Honour was not impressed with the complainant. The charges were dismissed. No peace bond was ordered.

READ THE JUDGE'S RULING