Brad's Case — Assault with Weapon — Withdrawn

Client:  Brad, Accused
Complainant:  Colin, co-worker
Charges:  Assault with Weapon, Assault Bodily Harm, Weapons Dangerous

Background:  Working in close quarters with hot tempers and long-standing grievances can make readily-available tools an occupational hazard. And so it was with Brad and Colin. Their work-place feud finally boiled over. In the melee that followed, both men received injuries, went to the hospital, and afterwards lost their jobs. Brad was prepared to move on and look at the whole affair as a bad experience and a good lesson. But Colin wasn't prepared to let it go. He went to the police, complaining that Brad had attacked him. Brad recognized that he had exercised bad judgment, but felt that the charges were unjustified and unfair.

READ THE POLICE REPORT

Goals:  Brad wanted the charges withdrawn or dismissed. I also had Brad undergo some counselling to examine the "why" of his behaviour to ensure that this never happened again.

Strategy:  The injuries were serious. The background was unsettling. The level of anger displayed by both men was unnerving. With the tools used, either man could have been killed. I knew that the Crown's first response would not be positive, and I expected no sympathy. For the Crown, an "early resolution" would mean a guilty plea. But that wasn't on our agenda. My goal was to get the Crown focused on the problems they would encounter at trial. Fortunately, I had both men's dismissal letters, which outlined the employer's own investigation and conclusions. These letters criticized both Brad and Colin for their conduct, for their lack of candour, and for making the workplace hazardous. Reading both letters it was unclear who was the victim and who was the perpetrator. Although the letters would never be evidence, I hoped to use these letters as a platform to convince the Crown that, at the end of the day, Brad's guilt would never be established beyond a reasonable doubt.

Results:  The first Crown I met with was unsympathetic and intransigent: the allegations were just too serious. That Crown wanted Brad to plead guilty or schedule a trial. A month later I attended a Judicial pre-trial meeting where I met with another Crown and a Judge assigned to facilitate our discussions. At that meeting, the Crown agreed to withdraw the charges if Brad signed a section-810 Recognizance to keep the peace and be of good behaviour (commonly referred to as a "peace bond").

READ THE COURT TRANSCRIPT OF THE WITHDRAWAL
READ BRAD'S TESTIMONIAL