R, v, S.A.S.A.

(Calgary, P.C. - Domestic Assault). This accused was charged with a minor domestic assault. The allegation was a push. The accused had a strong defence to the allegation. The defence was "consensual fight".  This is a defence of justification that applies when parties agree to fight in a manner that does not cause more than trivial injuries. In this case, the complainant was not injured. Unfortunately, in our present criminal law environment, police are mandated by policy to charge in domestic situations and to let the Prosecutor decide how to ultimately proceed. In days-past it was not unusual for police to separate the parties for a short period and issue a warning.

Notwithstanding the credible defence available to this accused, the resolution offered by the Crown was preferred. This case was resolved by a no-contact peace bond and the charge was withdrawn.  The advantage to this resolution option is that all parties save-face. The Prosecutor is able to use criminal law power to send a message without seeking a criminal record. The accused is able to accept an offer that saves legal fees while avoiding the long term consequences of a criminal record.

David Chow has spent over two-decades litigating criminal law cases. He first appeared at the Provincial Court of Alberta in 1999. As a first year law student in 1999, he won his first trial. His first disposition was in 1999 before Judge Fradsham. Since 1999 David has a veritable multitude of cases rannging from impaired driving, to assault, drug trafficking and murder. Most cases are of a kind where cost saving resolution options are available. David is a Calgary criminal lawyer who makes every effort to mitigate his clients legal fees. David is a domestic assault lawyer who has handled hundreds of these types of cases.