Client S.M. was charged with Domestic Assault x3, Mischief Under $5000 and Assault Causing Bodily Harm. It was alleged that the accused and the victim began a verbal altercation regarding the victim’s cooking skills. This argument escalated into a physical altercation, where it was alleged that the accused pushed the victim to the floor and dragged the victim into the bedroom by the hair. The accused then held the victim down on the floor and scratched the victim on the face, causing a mark to appear on the victim’s cheek. The physical altercation continued and it was alleged that the accused then choked the victim causing visible marks around the victim’s neck. After the police were notified, the victim did not receive medical attention and was taken to the police station for a statement. During this time, the victim revealed to police that on a separate occasion, the accused threw the victim’s phone across a room, causing it to break. And further, the victim revealed that on another occasion, the accused took a lit cigarette and placed the burned end on the victim’s knee, causing it to burn, resulting in a permanent scar.
Due to the aggravating circumstances of the charges, the Crown Attorney was not in a position to withdrawn any of the charges, nor offer the accused a Peace Bond. The Crown was seeking a 30 days custodial sentence on a plea to the charges, with the amount of custody increased if the accused was found guilty after trial. Proclaiming innocence since the beginning, trial was set for this matter. At trial, it was revealed that there were numerous inconsistencies in the victim’s statement to police, in addition to the testimony provided at trial. After trial, client S.M was found not guilty on all charges; all charges dismissed, no conviction, no criminal record.
Gary Batasar Peel Brampton criminal lawyer – charges of Domestic Assault, Mischief Under $5000 and Assault Causing Bodily Harm