R. v. K.K.A
R. v. K.K.A
(Calgary, P.C. - Assault Causing Bodily Harm). KKA was charged with assault causing bodily harm arising from an alleged attack in a parking lot in Calgary. The police investigation consisted of a video depicting an assault. Notwithstanding the video, KKA had a plethora of defences, including "identification". A review of the Prosecution disclosure also revealed that KKA may not have been the person who committed the assault.
KKA's case is one that demonstrates the importance of fundamental checks and balances in Canada's criminal justice system. KkA's Calgary criminal lawyer, David Chow, engaged the Prosecution in early discussions, highlighting the weaknesses in the Prosecution's case. Defence counsel also highlighted the serious risk of wrongful conviction.
After reviewing all of the evidence, including the video and video analysis provided by defence counsel, the Crown withdrew the charges. The withdrawal not only resulted in KKA avoiding risk of criminal conviction, early work by defence counsel saved KKA thousands of dollars in legal fees.
Electronic evidence, such as audio and video, can be very compelling -- to the point of insurmountable -- but can also be deceiving. The law recognizes that as long as video is properly authenticated, the trier of fact is legally entitled to view the evidence to decide for him or herself. Obviously, the clearer and more obvious the video, the more likely it is that the trier of fact will rely on that evidence. In KKA's case, the electronic evidence assisted the defence.
David Chow is an experienced criminal lawyer based out of Calgary. David has successfully defended many criminal cases (including assault) where the Crown relied on electronic evidence. David Chow will give you an honest assessment about your likelihood of winning at trial before the trial date is set and you have incurred legal fees. Call for a free initial telephone consultation.