R. v. L.K.
R. v. L.K.
(Cochrane, P.C. - Domestic Assault). The practice of criminal law is not only about the law and procedure, it is often a practice between people who have a genuine interest in responding to a situation without making things worse by way of the imposition of a criminal record. LK's case was precisely this type of case. L.K. was charged with an all things considered minor assault arising in a domestic context. If trial was required, LK certainly had a number of quality defences, including that the assault did not happen. Rather than taking an unreasonable position that might have impacted the life of LK and those in it, the Defence and Crown crafted a solution that did not involve a criminal record or the use of valuable resources in the criminal justice system. Specifically, while the case was still administratively working its way through the docket court, LK voluntarily participated in some counselling. This self directed approach by LK gave the Prosecution confidence that the accused had taken steps to ensure no future police or criminal law involvement. The charge was withdrawn.
What this case highlights is that some criminal cases can be resolved peacefully, without the use of judicial resources. Defence lawyers should always work for these types of outcomes -- especially early in the process -- because they are in the client's best interest. This is so because a charge withdrawn is a guarantee of no criminal record. Also, these peaceful solutions put less strain on the family, thus making it more likely that the family unit can heal on its own, rather than have to go through the painful process of peeling bandaids applied by criminal justice. Finally, these peaceful outcomes save the client a lot of money in legal fees. Avoiding unnecessarily paying legal fees is always in the client's interest.
If you are in need of a defence lawyer who promises to do everything he can to bring quick end to your case by way of a peaceful resolution and in a manner that is sensitive to your bank account, call 403.452.8018. Notwithstanding this is not always possible, it should always be a priority.