R. v. L.D.L.

(Calgary, P.C. - Assault Causing Bodily Harm). In Canada, there are several kinds of assault. Common assault (sometimes referred to as "simple assault") is defined as a non-consensual touching of another.  Proof of a degree of force is not required to prove an assault. Other kinds of assault include assault causing bodily harm, assault with a weapon, aggravated assault and sexual assault. The common law also recognizes that assault can be committed in a domestic context. Assault causing bodily harm is an elevated penalty kind of assault where the alleged victim sustains injury that is more than trivial or transitory. 

In LDL the accused was charged with assault causing bodily harm arising from a fight observed by a witness on a residential street in Calgary. Defending an assault is usual accomplished using one or more the following defences: (1) didn't happen, (2) identification or defences of justification: consensual fight and self defence.

The defence in LDL was "self defence". As a defence of justification, self defence must be negatived by the prosecution to the legal standard beyond a reasonable doubt. In this case, a witness observed an altercation between two males.  As a result of the witnesses vantage point, there was no ability to completely observe, in an unobstructed fashion what was occurring between the combatants taking place behind a motor vehicle. The alleged victim in this case did not cooperate with the Prosecutor. The Crown was therefore left to prove the case on the basis of a single witness whose view was obscured. 

As a result of the obscured vantage, the Crown could not disprove "self defence" beyond a reasonable doubt. Ultimately, LDL was acquitted. 

David Chow's first criminal trial was an allegation of assault outside of a gas station in 1999. The accused was found "not guilty".  Since 1999 David has defended hundreds of assault cases, ranging from common assault and domestic assault to sexual assault and aggravated assault.  If you have been charged with assault, there may be a path to successfully the case. Call for a qualified criminal defence lawyer for a free telephone consultation.