Trevor's Case — Assault (Domestic) — Dismissed

Client:  Trevor, Accused
Complainant:  Nancy, Trevor's wife
Charge:  Assault

Background:  The end of your marriage is never a pleasant experience. Trevor's experience was more brutal than most. He was escorted out of his home by the police in handcuffs. He was charged with assault. He was released with conditions prohibiting him from having contact with his wife and from going home. Trevor explained that they both knew the marriage was coming to an end. She wanted him out of the home. Trevor believed that she made this false allegation knowing that her story wouldn't be questioned by the police and knowing that he would be kicked out until the case was over.

READ THE POLICE REPORT

Goals:  Trevor wanted to have the charge withdrawn or to beat it at trial.

Strategy:  The Crown, of course, was unsympathetic: "We don't judge allegations true or untrue. That's the Judge's job." So, we scheduled the trial, and prepared for battle. The trial began 11 months later. When Trevor's wife testified, the Crown forgot to have her identify Trevor in the Court room as the perpetrator of the alleged assault. Although I was ready to cross-examine her, I told the Judge that I had no questions. The Crown said he had no further witnesses, and closed its case. I then explained to Trevor that it was not a good idea for him to testify because he had not been identified as the perpetrator of the alleged assault. If he testified, he would obviously identify himself as being there that day, and, if he wasn't believed by the Judge, he might be convicted. I closed my case, calling no evidence. I then asked the Judge to dismiss the charge, as the Crown had failed to prove identification. What followed were lengthy arguments in Court concerning whether the Crown should be allowed to re-open its case to permit the wife to identify Trevor as the perpetrator of the alleged assault.

Results:  The Judge ultimately decided in our favour. He dismissed the charge.

READ THE JUDGE'S RULING AND THE DISMISSAL