Kevin's Case — Assault (domestic) — Dismissed

Client:   Kevin G., Accused
Complainant:   Kevin’s wife, Natalie
Charges:   Assault with Weapon; Threaten Death

Background:   Kevin worked in the landscaping business. He didn’t sleep well during his busy season, and it was his busy season. Sometimes, in the middle of the night, he might jump up from bed like a jack-in-the-box. He would then start yelling about something that was bothering him. During these outbursts, he would appear unconnected with his surroundings. During one such outburst, he knocked over a lamp, injuring his wife. He also threatened to kill her. The next morning Kevin had no recollection of the events from the night before. He said good bye to his wife, and went off to work as usual. When he left the house, she called the police. Kevin was afterwards charged with assault with weapon and threatening death.

READ THE POLICE REPORT

Goals:   Kevin wanted the charges withdrawn or to beat them at trial. Pleading guilty was not an option.

Strategy:   Kevin had no memory of the events. He wasn't in a position to agree with his wife or to dispute what she had to say. One of the first things I did was to send Kevin to an expert to help understand "what happened" and "why." I later received a report from our expert. The report said that Kevin did not have the capacity to form the intent to commit these offences. If the Crown accepted that conclusion, I might get the charge withdrawn. During the pre-trial negotiations, I showed the expert’s report to the Crown. The Crown didn’t buy its conclusions. That left us with one option. Schedule the trial. Seven months later, Kevin, our expert, and I attended trial ready for battle. The Crown was still intent on proceeding, and the trial started. Natalie’s testimony regarding the lamp was more favourable to Kevin than her police statement. She testified that "it fell on her," but was not specific as to how. I brought the lamp to Court to demonstrate how unstable it was. I showed Natalie the lamp. She agreed that it might have tipped over by accident. On the threatening charge, Natalie maintained that Kevin said "I’m going to kill you some day." On cross-examination, however, she admitted that she wasn’t that sure he meant it seriously. She confirmed that Kevin would sometimes jump up in the middle of the night like a jack-in-the-box, and would start talking or yelling, but not at anybody in particular. Natalie agreed that this night was similar. She agreed that he was mindlessly uttering these threats, and not necessarily at her. I finished my cross-examination. The Judge then declared a break in the proceedings.

Results:   During the break, the Crown and I had a discussion. The Crown agreed that he didn’t have much of a case anymore. I knew that Kevin wanted to make a good-will gesture to Natalie, so I proposed that, if the Crown would agree to an immediate dismissal of both charges, Kevin would sign a peace bond for one year with a condition that he continue counselling. The Crown agreed. Both charges were then dismissed.