R. v. A.S.
R. v. A.S.
(Calgary, P.C. - Domestic Assault, Choking, Breaches). There are many criminal defence lawyers in Calgary who handle domestic assault charges. David Chow is grateful for the chance to earn your business. Domestic violence constitutes one of the most prevalent issues in criminal law today. Walk into any court in any jurisdiction in Alberta and you will usually find one or more domestic assault prosecutions.
AS was charged with assault, choking and breaching probation arising from a domestic incident in Calgary. The accused entered a plea of "not guilty" and the case was fixed for trial. As with many domestic cases, the Crown's evidence was not only fraught with difficulty but its essential witness was not fully cooperating with the Prosecution. At trial, the accused was prepared to present a very different version of events.
When a trial court is presented with conflicting evidence as between the accused and witness(es) there is, generally speaking, a three part analytical framework that applies. This framework is often called "W.D." -- the name of a binding Supreme Court of Canada decision.
Firstly, if the judge believes the accused's version of events, she must acquit. Secondly, even if the judge does not believe the accused but is left with a reasonable doubt based upon the accused's evidence, he must acquit. Finally, even if the judge does not believe the accused and is not left with a reasonable doubt based on the accused's evidence, if he or she -- after considering the totality of evidence -- is left with a reasonable doubt, must acquit.
AS successfully defended the charges on the date of trial.
If you are searching for an experienced criminal defence lawyer in Alberta, call David Chow for a free initial consultation. David Chow has successfully defended hundreds of domestic assault cases.