R. v. M.H.H.

(Didsbury, P.C. - Assault). This case was scheduled and ultimately completed on the day of trial. The important lesson from this case is (1) resolution offers often come on the day of trial and (2) sometimes in the face of innocence, an accused must nevertheless make a difficult choice.  MHH's case ultimately resolved by way of the withdrawal of charges and peace bond. 

Notwithstanding that Peace Bond is usually a happy choice for most accused persons, MHH had a very strong case for complete innocence. In fact, MHH may have actually been the real victim of crime. Unfortunately, the evidence against this accused came from a couple of witnesses -- both who were arguably self interested and possibly less than honest. 

On the day of trial, the Prosecutor offered to resolve the case by way of a peace bond. It was clear that after reviewing disclosure, the prosecutor was sympathetic to MHH's position of innocence. However, the complainant and his witness were steadfast in opposition. The accused had to make a difficult choice: guarantee the withdrawal of the criminal charges and accept a peace bond or risk the uncertainty of trial. 

Many Canadian believe our criminal justice system works. The reality is that even though it may operate correctly much of the time, there is little doubt that it does not operate properly all of the time. Though trial is a useful process for determining facts, it is by no means certain. Our criminal justice system is a human process, dependent on the performance of human beings. Human beings are frail and routinely make mistakes. Sometimes judges make bad decisions. More often, judges must assess conflicting evidence and make choices about the evidence based on their observations and experience. Neither defence lawyers nor prosecutors are immune from making errors at trial. It is for all of these reasons that in most cases, the wisdom of guaranteeing no criminal record prevails over taking the risk of fighting for no criminal record. 

MHH wisely chose to resolve the case by way of a peace bond. This decision was no doubt difficult, because it was MHH who was forced to do some counselling. 

The criminal justice system is imperfect. In light of those imperfections, all parties must sometimes bend or compromise to ensure a specific outcome. In most cases, if a criminal charge can be resolved by way of a peace bond, it is wise for the accused to accept the offer because that resolution -- though often requiring some work by the subject to the peace bond -- guarantees the withdrawal of charges. These resolution benefit the prosecution and its witnesses because the compromise is capable of leaving all participants with the view that they have not lost. The best criminal defence lawyers will pursue every available option for resolving the clients case without a criminal record. Sometimes to achieve these outcomes, the defence must press the case to trial.