Michelle's Case — Assault Bodily Harm — Police Report

Client:  Michelle, Complainant
Accused:  Jim, Michelle's husband
Charge:  Assault Bodily Harm, Criminal Code, s. 267(b)

Police Report:  The victim and the Accused have been married for approximately 7 years. They currently reside at 733 Barlow Drive in the City of Brampton. Previously, the couple lived for 4 years at an address on Don Mills in the City of Toronto. They have two children from the relationship, Jerry S. (age 5) and Percy S. (age 3). Both children were asleep during the assault. Police have never attended the residence for similar occurrences.

On Thursday, the 18th of April 2002, at approximately 2:00 a.m., at 733 Barlow Drive in the City of Brampton, the Accused approached the victim and demanded that she engage in sexual intercourse with him. When the victim said "no," the Accused punched the victim in the nose and stated:  "I am not paying for the mortgage." The Accused then exited the residence. At the front door, the Accused stopped and requested his jacket. The victim refused to give it to him and attempted to close the door. The Accused pushed the door, causing it to strike the victim's left leg, and caused a scratch approximately 4 inches long. The victim informed the Accused that she would be notifying the police.

At approximately 2:50 a.m., the Accused attended 21 Division, Peel Regional Police, and informed police that he was involved in a domestic dispute with his wife. Police attended the residence and spoke to the victim, who informed the police that she had been assaulted.

Police observed that, when she answered the door, she had an ice pack on her face. Police further observed a small bruise on the bridge of her nose.

At approximately 3:50 a.m., the Accused was placed under arrest for Assault Cause Bodily Harm, contrary to section 267(b) of the Criminal Code of Canada. He was read rights to counsel and caution, all of which he understood. He was lodged in cell at 21 Division, where he was held for a bail hearing.

The Accused does not have a firearms licence; however he has two firearms "grand-fathered" to him:  a Wather PPK and a Cold 25 automatic. The firearms are kept in a safe at the Accused's parents' house in Wiarton, Ontario. The Accused has indicated that he is the only one with access to the safe.

The victim refused to provide police a KGB video statement, sufficient information to complete a domestic violence supplementary report, or to allow police to photograph her injuries. Victim services was offered, but declined.

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