R. v. R.D.D.

(Red Deer, P.C. - Assault with a Weapon).  RDD was charged with assault with a weapon arising out of a situation where the defence was that no assault occurred. In this case, there was an argument that escalated. The complainant provoked RDD on a few occasions, prompting RDD to pursue the complainant who ran away. RDD then left the scene. The complainant returned as RDD was departing and continued the provocation. Police attended the scene after RDD had already left.  RDD was charged.  RDD attempted to resolve the case but unfortunately, the Prosecutor's resolution position was in the view of the accused and defence counsel, too high. RDD entered a plea of not guilty and the case was set for trial.   Arguably RDD acted in self defence. No physical contact was ever made with the complainant and thus, the force used was no more than was reasonably necessary in the circumstances.   Not only did RDD have a quality substantive defence, a view disclosure suggested that the complainant was unlikely to attend court.  On the day of trial the charges against RDD were properly withdrawn by the Crown. The lesson from RDD's case is that the best trial strategy involves analyzing both the available defences alongside frailties in the Prosecution's case. It is always important to remember that most criminal trials are not only about the anticipated evidence, they are about the people who must deliver that evidence. In RDD's case, it was clear that the complainant likely had no desire to attend court, to testify or be subjected to cross-examination.  There are many Alberta criminal lawyers to choose from. David Chow is grateful for the opportunity to earn your business.