R. v. R.B.
R. v. R.B.
(Cochrane, P.C. - Assault). RB was a person charged with common assault arising out of an incident with a neighbour. RB had been in a longstanding dispute with the neighbour that unfortunately escalated. RB had a number of quality defences, including self defence and defence of other. Both self defence and defence of other are justification defences to assault. "Assault" is a Criminal Code offence that may be charged along a spectrum from common or simple assault to more serous versions of assault, including aggravated assault. To prove common assault, the crown must prove beyond a reasonable doubt that the accused touched the complainant without consent. Assault does not require a degree of force. Since RB had no criminal record and since there were justifications, approved for Alternative Measures was given by the Prosecutor. Alternative Measures is a viable second chance program where the accused DOES NOT plead guilty. On a Government of Alberta website, Alternative Measures (AMP) is described as requiring a guilty plea. This is incorrect information. AMP only requires the accused to take "responsibility" for his or her participation in the event. This does not require a guilty verdict. AMP is a program that can guarantee no criminal record while saving the accused the expense of a trial. Charged with assault in Cochrane? David Chow is full service Cochrane criminal defence lawyer.