R. v. H.M.H.

(Calgary, P.C. - Domestic Violence). In most cases, when police charge for domestic violence offences, the charges are justified. Sometimes, however, the domestic assault allegations are reported in conditions where the complainant is upset, perhaps impaired by alcohol, drugs or both or in circumstances where the allegations may not be true. In this case, the police charged the accused even though the accused was the only party presenting with observable injuries, including a cut across the neck consistent with being slashed by a knife. The complainant did not have injuries consistent or capable of corroborating the allegation of assault. 

When the Crown receives a case, it reviews the evidence to determine whether there is a "reasonable likelihood of conviction". That review includes more than merely reading the complainant's evidence, but also involves looking at the totality of evidence, including injuries and other information collected by police during the investigation. 

In this case, after having a discussion with the Defence, the Crown agreed to withdraw the charge. This was done in large measure because it appeared from a review of all of the evidence, that it was accused who was most the victim of the assault. 

David Chow is a Calgary domestic assault lawyer who will make every effort to resolve the case prior to trial. This includes, where appropriate, encouraging the Crown to withdraw charges where no reasonable likelihood of conviction exists. Hiring a criminal defence lawyer can be expensive; trial is usually the most costly legal process. Therefore, when charges can be withdrawn at first instance, the accused guarantees no criminal record while at the same time saving money. If you are searching for a lawyer who will make every effort to protect your wallet, call for a free telephone consultation.