R. v. K.T.K.

(Calgary, P.C. - Domestic Assault/Threats).  KTK was charged with assault and uttering threats arising from an incident involving a domestic partner.  Notwithstanding that there is no specific offence for "domestic assault" in the Criminal Code of Canada, the common recognizes a class of assault arising in a domestic context. In simple terms, a domestic context is one that involves an altercation between persons who reside together. Though this typically involves incidents between domestic partners (husband/wife, girlfriend/boyfriend), it can also involve alleged criminal interactions between family members and roommates. In this case, the underlying concern for the defence was that the accused gave notice of a desire to end the relationship. This was met with a hostile response from the domestic partner that ultimately resulted in a heated exchange. The position of the defence was a combination of self defence and the credibility of the Crown's witness, who the defence asserted concocted or exaggerated the events. The accused did not receive an acceptable resolution offer, so a not guilty plea was entered and the case set for trial. In the days prior to trial, the Prosecution offered resolution by way of peace bond. A "peace bond" is a non-criminal record disposition that guaranteed no criminal record. The accused accepted the offer. David Chow is a Calgary criminal lawyer/Calgary domestic assault lawyer who offers a free initial consultation. To reach David Chow, please do not use the online form as it is not the most reliable method for connecting. Call 403.452.8018.