R. v. M.M.H.

(Cochrane P.C. - Domestic Assault/uttering threats). - MMH was charged with domestic assault and uttering threats arising from an incident with a domestic partner (girlfriend).  After listening to MMH's situation, it appeared that there was no crime committed; that is to say, the accused did not assault anybody or utter any threats. Making matters worse, MMH was released on bail with conditions preventing a return home. Release conditions in response to domestic assault that prevent the accused from returning home or having contact with the complainant are extremely common and often, extremely damaging to the accused.  When bail conditions are imposed in the absence of evidence to prove a criminal offence, the harm to the accused is much worse. 

In Canada, Prosecutors must asses the evidence in each case to determine "reasonable likelihood of conviction".  The test for "reasonable likelihood of conviction" only requires that the prosecutor have some evidence upon which a reasonable jury, properly instruct could convict. The test, therefore, is not at all onerous. 

Defence counsel for MMH wrote the crown immediately, advising about the problem. On MMH's first appearance, defence counsel brought concerns about the lack of evidence to the attention of the prosecutor and adjourned the case to the next juridical sitting date in Cochrane. Unfortunately, since Cochrane Docket Court only sits on Tuesdays, MMH had to wait an additional week. At the first appearance, the Prosecutor did not have a lot of information from police and had no information from the alleged victim to support immediately changing bail conditions. However, the Cochrane prosecutor was attentive to Defence counsel's concerns and prioritized the case for a better review prior to the accused's second appearance.  The defence and crown communicated throughout the week and the Crown, after reviewing evidence, agreed that there was no reasonable prospect of conviction. MMH's charged withdrawn.  

David Chow is a Cochrane domestic violence lawyer and a local Cochrane criminal lawyer who will do everything he can to expedite the conclusion of criminal cases lacking in evidence. David offers a free initial telephone consultation to anybody charged with a criminal offence or sanctioned under Alberta's administrative impaired driving regime (roadside sanctions).  David has offices in Calgary and Cochrane that are open by appointment only.