Chad's Case — Assault Bodily Harm (domestic) — Victim

Client:  Chad, Complainant
Accused:  Vance, Chad's boyfriend
Charges:  Assault and Assault Bodily Harm

Background:  Chad walked into my office with a broken nose. His face was horribly swollen. Chad explained that he and his boyfriend Vance had been drinking and arguing. Vance wanted to leave. Chad wanted to talk. Chad refused to give Vance his car keys. They struggled. Vance broke Chad's nose. The police were called. When Chad spoke to the police, he was still drunk and upset. He told the police that Vance had struck him intentionally. Chad's injuries were serious. His face required plastic surgery. Vance was charged with assault and assault bodily harm. A few days later, Chad went to the police to get the charges dropped. They ignored him.

Goals:  Chad had two goals:  (i) to ensure that he wasn' t charged with public mischief for the false statement; and (ii) to have the charges against Vance withdrawn.

READ THE POLICE REPORT

Strategy:  Chad and I outlined our strategy as follows. I would first explain to the Crown that, when Chad first reported the incident, he had honestly believed that Vance had assaulted him. This approach would help to protect Chad from being charged with public mischief, as Chad could not be found guilty for an honest mistake. Then I would explain to the Crown that Vance was simply trying to get his car keys. Chad didn' t want to give him the keys because he "wanted to talk." A fight started over the keys. Vance accidentally struck Chad in the nose. Since Vance owned the keys, he had the right to use reasonable force to take them. Hence, the Crown would have a weak case against Vance. Vance's lawyer was in agreement with my approach. We approached the Crown.

Results:  During the early pre-trial negotiations, the Crown would not withdraw the charges. This initial response was not surprising. The case involved domestic violence. The injuries were serious. Vance's charges were scheduled for trial. We waited patiently. Our strategy did not change. On the morning of the trial, Vance's lawyer and I met with the Crown assigned to prosecute Vance. Over 11 months had passed since the incident. I again explained the situation from Chad's point of view. I told the Crown that she did not have much of a case against Vance, and that she should not proceed. The Crown agreed. The charges were withdrawn. Chad was not charged.