R. v. B.N.B.

(Calgary Court of Justice - Domestic Violence). NB was charged with a pair of domestic charges arising out of two separate incidents. The allegations were assault and choking. "Choking" is a very serous allegation because if proven, that means that the accused committed an assault in a manor that interfered with the victim's ability to breathe. While choking is taken very seriously in Canada's criminal justice system, it is more often than not improperly charged. This Calgary criminal lawyer has seen choking laid as a charge for no other reason than the complainant presented with a red mark on or near the neck. Of course, somebody can assault another by touching them without consent, by touching them on the neck without choking. I have seen cases where a person was slapped in the neck, causing a red mark and the accused still charged with choking. 

NB did not choke the complainant.  There was no evidence of choking.  In the other incident, the incident, NB did not assault the complainant at all. In that case, NB had strong defences of justification: self defence and consensual fight. 

Self defence justifies assaulting another for the purpose of warding off an attack. While the self defender need not measure the nicely of his or her response, the defence must nevertheless be reasonable in all of the circumstances.  Consent fight occurs where both parties agree to fight. In a consensual fight situation, neither party can consent to receiving non-trivial bodily harm. 

NB tried to resolve the case at first instance in a manner that would result in the avoidance of a criminal record.  The Crown did not agree to any resolution other than a guilty plea by NB. As a result, NB pled "not guilty" and the case was scheduled for trial.

NB attended prepared for an attended trial. The Prosecutor's essential witness did not appear. As a result, the charges against NB were withdrawn.

Trials can be unpredictable and as such, it is not unusual for cases to resolve favourable close-to or on the day of trial. NB avoided a criminal record.

David Chow ran his first assault trial in 1999. The verdict after trial was "not guilty". Since 1999 David has successfully defended hundreds of assault cases. Assault is an offence for which there are often good defences. These include (1) did not happen, (2) identification, (3) defences of justification: self defence and/or consensual fight. If you have been charged with a domestic assault in Alberta, there is wisdom in you connecting with a qualified Calgary domestic violence lawyer or an Alberta criminal lawyer in your jurisdiction. David Chow has offices open by appointment only in both Calgary and Cochrane. David offers a free initial telephone consultation.