R. v. D.M.

(Calgary, P.C.). Client was charged with aggravated assault, extortion, kidnapping and possession of a weapon dangerous to the public peace.  If convicted, the Crown was seeking a lengthy penitentiary sentence.  After the first day of examination of essential crown witnesses, a stay was entered.  A stay of proceedings can only happen in on of two ways: (1) The Crown can direct a stay of proceedings or (2) the Court may direct a judicial stay of proceedings based upon evidence and issues heard at trial. The Crown Prosecutor's stay power is absolute -- that is to say, not even a Judge can interfere with this exercise of prosecutorial discretion. In DM's case, the cross examination exposed so many holes in the evidence that the case would not have withstood judicial scrutiny. Cross-examination is a powerful tool in our criminal justice system.  It is a tool that the best criminal defence lawyers use to defend their clients. As a former Calgary Crown Prosecutor, now full time practicing Calgary criminal defence lawyer, David Chow has had the opportunity to cross-examine from both sides of the table. For an Alberta criminal lawyer who has cross-examined hundreds of witnesses in all cases, ranging from property offences, impaired driving, drug offences and murder, call David Chow for a free initial consultation.  David Chow is a Calgary based defence lawyer who defends all crimes of violence, including assault. To speak with a Calgary lawyer who defends assault charges, call David Chow.