R. v. D.E.
R. v. D.E.
(Calgary, P.C. - Domestic Assault/Self Defence). In criminal law, self defence is a defence of justification for assault. Self defence occurs in circumstances where a person is assaulted or attacked by another and repels the attack using physical resistance. In law, self defence only succeeds when the accused uses reasonable force to defend against an assault. Factors for determining whether self defence applies are outline in the Criminal Code of Canada.
DE was charged with assault causing bodily harm arising from a domestic incident, unlawful confinement and mischief. DE pled not guilty and set the case for trial due to having quality defences to assault and confinement. There was little issue made with the minor mischief charge for damaging property.
As with many self defence claims, the trial judge was required to weight the evidence of the accused. In DE's case, the judge believed the accused and was left with concerns with the evidence of the complainant. As a result, DE was found "not guilty" of assault and confinement. DE was conditionally discharged in relation to the mischief, with the only condition to pay the damage to the property (a telephone).
Domestic assault charges in Alberta are handled by a specialized court, staffed with Prosecutor's who are almost solely focussed on issues arising in the domestic violence court. If you have been charged with a domestic assault in Alberta, there is wisdom in retaining an experienced criminal defence lawyer to help with your case. David Chow has over 20 years of real courtroom experience. He has successfully defended clients charged with all crimes of violence, including domestic assault, sexual assault, murder and manslaughter. David offers a free initial telephone consultation.