Wanda's Case — Assault (domestic) — Victim

Client:  Wanda, Complainant
Accused:  Jeeves, Wanda's husband
Charge:  Assault

Background:  Wanda walked into my office completely frustrated. Here she was a highly-educated, independent, strong-willed woman. Yet, the Crown and the police were ignoring her. She resented their patronizing approach. Here's why. Wanda and Jeeves were arguing. Jeeves was gesticulating. Wanda was holding up her hands. Their hands connected. Wanda called the police seeking assistance. She didn't want the police to attend. They came anyway. Wanda explained what happened. Wanda didn't want the police to arrest Jeeves. They arrested him anyway. He spent the night in jail. He was released on conditions that he have no contact with Wanda, and that he not visit the home, not even to see the kids.

Goals:  Wanda wanted the charge withdrawn. If the charge couldn't be withdrawn right away, she wanted Jeeves' conditions changed to allow him to see the kids at home.

READ THE POLICE REPORT

Strategy:  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. Jeeves' lawyer and I had Wanda and Jeeves attend for counselling. I asked the counsellor to produce a report addressing the risk of harm if they were to resume cohabitation. I wanted to use this report to assist in our argument that the charge should be withdrawn.

Results:  Jeeves' lawyer and I met with the Crown four weeks after the incident. I told the Crown that, at trial, Wanda would explain that the touching was accidental. I asked the Crown to withdraw the charge. The Crown took a moment to read the police report. He then asked Jeeves’ lawyer if he would plea guilty for an absolute discharge. The lawyer said no. The Crown said "fine, let it go to trial." I then asked the Crown to review the report to determine if he would at least change some of the conditions. I explained that the conditions were causing hardship for Wanda and the kids. The Crown read the report. When he finished, he looked to Jeeves' lawyer and asked:  "Would Jeeves sign a peace bond with a condition to continue marital counselling?" Jeeves agreed. The charge was withdrawn that day.

READ WANDA'S TESTIMONIAL