Michelle's Case — Assault Bodily Harm (domestic) — Victim

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

Background:  Michelle and her husband Jim were arguing again. There was a scuffle. Jim left the house. He went directly to the police station. The police attended their home. They observed injuries to Michelle. They attempted to take a statement from her. She had a brief discussion with them, but was uncooperative. As a result of this discussion and these observations, Jim was charged with assault causing bodily harm. While his charge was pending, Jim was not allowed to have contact with Michelle, nor was he allowed to visit the family home, not even to see the kids. Michelle was very upset. She started the argument. She tried to stop Jim from leaving. But he was the one being charged. Now, she was home by herself taking care of the kids, and they were all suffering.

READ THE POLICE REPORT

Goals:  Michelle's instructions were simple and straightforward:  get the charge withdrawn as soon as possible.

Strategy:  Only the Crown has the authority to withdraw a charge. In domestic matters, the Crown has a strict policy of prosecuting all cases unless there is no reasonable prospect of conviction. That is not a scientific test, but is one based upon the Crown's assessment of the anticipated evidence for trial. In making that assessment, the Crown will sometimes look at what progress the couple have made, if any, in overcoming their underlying problems. Jim's lawyer and I had Michelle and Jim attend for counselling (not together, of course, since Jim's bail conditions prohibited contact). I asked the counsellor to produce a report addressing the risk of harm if they were to resume cohabitation.

Results:  Jim's lawyer and I met with the Crown about 6 weeks after Jim was charged. We argued that there was no reasonable prospect of conviction. My presence was important because I wanted the Crown to hear from me, speaking on behalf of Michelle, that they would ultimately lose this case. I also showed the Crown the counsellor's report, as I wanted to address any concerns the Crown might have about Michelle and Jim fighting again. The Crown agreed in principle with us, but wanted to adjourn the case another 6 weeks to give Jim and Michelle a further "cooling off" period. The Crown also wanted them to attend for further counselling. We agreed. The case was adjourned. When we went back to Court, I had another positive report from the counsellor. The charge was withdrawn.