Rupert's Case — Assault (Neighbour) — Police Report

Client:  Rupert, Accused
Complainant:  Leah, Neighbour
Charge:  Assault

Police Report:  On Friday, the 23rd of June 2000, at approximately 8:00 p.m., the accused before the Court, Rupert H., of 400 Cotton Street, Apartment 24, Toronto, Ontario, phoned the victim, Leah G., to complain about the noise she was making in the apartment above. The victim has lived in Apartment 34, which is directly above the accused's apartment, for approximately two years, and has received several phone calls from him complaining about the noise.

The victim told the accused that she could not speak to him because she was just about to leave, and hung up the phone. A few minutes later, the victim entered the elevator which goes directly into the tenant's apartment. While on her way to the lobby, the elevator stopped at Apartment 24, and the accused entered the elevator and confronted the victim.

The accused came within inches of the victim's face, wagging his finger violently in front of her nose, and yelling:  "Now you're going to listen to me." The victim raised her hand up to the accused, signalling him to stop. The victim told the accused that she was going to call the police. The accused yelled:  "Good, call the police, but you can call when you're done listening to me."

The victim put her hand on the phone receiver, which was located on the wall of the elevator, but the accused grabbed the phone away from her and slammed it back on the wall. The accused told the victim that he could not stand her "and that piece of crap upstairs," and that his "life has been a living hell ever since you and that piece of crap have lived upstairs. You and your shoes, I have to listen to that. Do you know what it's like to listen to that and all your crap?"

At this point, the accused began to "shake." He stepped back from the victim and then rushed towards her again, yelling:  "There's a word for you, you and your shoes. Hanging up the phone on me. You cow." The accused then stepped out of the elevator at the entrance of his apartment. Realizing that she was trapped in the elevator, and that the accused was extremely angry and agitated, the victim became very scared for her safety.

Her fears escalated when the accused rushed back into the elevator, coming within inches of her face, yelling:  "Now you are going to listen to me, bitch." The accused repeated this phrase several times and yelled that he was "putting up with hell" and that he was "not going to stand for it anymore." While he was yelling at the victim, the accused would repeatedly step away from her as if he was leaving the elevator, only to rush back inside, coming within inches of her face. This continued for several minutes. The accused finally left the elevator and the victim was able to call police.

During this altercation, the accused's hands were clenched and his shoulders were moving as if he was ready to strike the victim. The victim also believed that, at any moment, the accused would strike her. The only escape was out of the elevator into the accused's apartment. The victim was not able to call for help as the accused controlled her access to the phone.

Police attended the scene shortly after the incident and spoke to the accused who confirmed the victim's story. The accused was subsequently charged with Assault contrary to Section 266 of the Criminal Code of Canada. He is required to attend Court on August 4, 2000, at 2:00 p.m., Room 505, College Park. He is also required to attend 51 Division for fingerprinting on July 28, 2000.

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