R. v. M.D.D.
R. v. M.D.D.
(Calgary, P.C. - Aggravated Assault). MDD was charged with aggravated assault arising from a one-punch incident that occurred outside of a downtown nightclub in Calgary, Alberta. MDD was found "not guilty" after trial after the judge agreed that MDD acted in "self defence".
Self defence is a "defence of justification". The defence is triggered in circumstances where there is an "air of reality" to the defence. Once this occurs, the Prosecution bears the onus of disproving self defence based on the legal standard: "beyond a reasonable doubt".
For self defence to succeed, the accused must have used no more force than was reasonably necessary to repel the attack. Though the standard is no more force than is reasonable, the law of self defence also recognizes that a person who is repelling an assault by another need not measure the nicety of his or her response.
In MDD's case there was video from outside the establishment. Notwithstanding that the video was not the best quality, it largely corroborated MDD's claim of self defence.
On June 23rd, 2022 MDD was found not guilty and acquitted. In the circumstances of this case, MDD was susceptible, if convicted, to a significant custodial jail sentence.
David Chow has been defending assault allegations since 1999 - a case in which there was a verdict of "not guilty" after trial for an assault at a gas station. There are many Calgary criminal defence lawyers who defend assault allegations. If you have been charged it is incumbent on you to find the lawyer who defends them well. Call David Chow for an initial free telephone consultation.