November 15th, 2018
Conviction Overturned As Complainant Testified She “Consented” To A Fight Which Included Choking – R v Gardiner, 2018 Alberta Court of Appeal
Law Updates Tags: Appeal, Assault, Consent
Defence appeal from assault conviction. Domestic context. At trial, complainant testified the fight was consensual but she did not want to be choked. Held: Appeal allowed. “The proper question was not whether the complainant consented to each and every application of force during the course of the fight, or whether she ‘wanted’ to be choked … Read More.
November 3rd, 2017
R. v. W. 2017 Edmonton Court of Queen’s Bench
Firm Cases Tags: Acquittal, Assault, Credibility
Client charged with assaulting and confining ex-partner during the breakdown of their relationship. Allegations involved two separate instances and serious injuries caused to the complainant. Client testified that the complainant was the aggressor and that there was no confinement. Held: Client acquitted of all counts. While the Court did not believe the client, it raised … Read More.
May 30th, 2017
R. v. G. 2017 Ft. McMurray Provincial Court
Firm Cases Tags: Acquittal, Assault, Fare By Fraud
Client was charged with assault and “fare by fraud” in relation to an incident with a taxi driver. Cab driver testified that soon after he picked client up the client started talking about minorities, and was swearing and making racial slurs. He stated that while he was driving up Confederation Drive the client all of … Read More.
R. v. B. 2017, Ft. McMurray Provincial Court
Firm Cases Tags: Acquitted, Assault
Client charged with assault. Client was a homeless woman who was invited to the male complainant’s apartment to have a shower and rest. The complainant testified in examination in chief that once the client woke up he told her she had to leave as he was going to watch the Santa Claus parade. He testified … Read More.
September 21st, 2015
R. v. J.D. 2015 Edmonton Provincial Court
Firm Cases Tags: Arrest Power, Assault, Peace Officer
Client charged with assaulting a security guard at West Edmonton Mall. Client was attempting to leave the Mall via Bourbon Street late at night after he had been kicked out of a club. The mall security officer tried to stop the client, and when the client refused to stop, the security guard grabbed the accused and pushed him. … Read More.
July 3rd, 2015
R. v. P.C. 2015 Wetaskiwin Court of Queen’s Bench
Firm Cases Tags: Appeal, Assault, Misapprehension of Facts, New Trial Ordered
Client convicted of assault at trial by detaining a young women due to a dispute over payment of the fare. He grabbed her backpack as she tried to walk away, she struck at him and then he struck her. Sentenced to jail. Our firm retained to appeal the conviction and sentence. Client released on bail … Read More.
August 11th, 2017
R v MR, 2017 Edmonton Provincial Court 135 per Stevens, PCJ:
Law Updates Tags: Assault, Transferred Intent
Aggravated assault trial. Accused and his common law partner were engaged in an argument. The couple’s young children were laying in bed in the same room. Accused threw a DVD at the complainant, with the intent of hitting her in the leg. As the DVD was thrown, one of the children sat up, and was … Read More.
June 16th, 2017
R v DH, 2017 Calgary Provincial Court 132 per Cornfield, PCJ:
Law Updates Tags: Assault, Convicted, De Minimus, Spitting
Youth charged with assault. Accused, who had mental health and behaviour issues, spat in the face of a youth care worker. Defence argued that accused’s actions were de minimus. Held: Convicted. Several Alberta cases (Smale, 2016 ABPC 39; Tan, 2010 ABPC 163 et. al.) “make it clear that this defence exists in Alberta, even though … Read More.
April 13th, 2017
R v Van Loon, 2017 ABPC 43 per Pharo, PCJ:
Law Updates Tags: Assault, De Minimus, Domestic Assault
Domestic assault trial. Issue as to whether the doctrine of de minimus applies to domestic conflicts. Two of the three allegations involved the accused brushing past his wife, or moving her to the side, as he walked through doorways. The third incident involved the accused holding the complainant down. Held: Conviction entered. Although domestic assault … Read More.
February 5th, 2016
R v Gabruch, 2016 ABPC 5 per Fraser, PCJ
Law Updates Tags: Assault, Justification, Police, s.25 Criminal Code
RCMP officer charged with assault. Accused taken into custody on an impaired driving case. Prior to breath sampling, the accused requested to use the washroom. Police officer said no. When the accused stood up, the officer “grabbed him by the back of the neck, shoved him against the wall and then threw him to the … Read More.