R. v. S.D.

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R. v. S.D.

(Calgary, P.C. - Domestic Assault). In Canadian criminal law, an "assault" is essentially an intentional non-consensual touching by the accused of another.  Though some assaults are so trivial (de minimus) such as not to merit criminal sanction, proof of degree of force is not necessary for assault.  Domestic assault is recognized in Canadian common law as an assault between family, intimate partners or persons cohabitating together.  "Intimate partner violence" is prevalent in Canadian criminal justice and can viewed as serious by Courts.  

In criminal law, there are often many nuances to a domestic assault case. In Alberta, police are directed to charge whenever they have reasonable grounds to believe a domestic assault has occurred. It is not unusual for alleged victims of assault to have no interest in participating in the prosecution of an intimate partner. It is not unusual for the alleged victim to wish counselling and no criminal record. Occasionally, the complainant may have exaggerated or fabricated altogether. These are just a few examples to demonstrate that allegations of a domestic nature can  be challenging for the prosecution. 

In SD's case, there were challenges to the prosecution. The allegation was also not particularly serious. In this circumstance, the Defence secured the withdrawal of the charge in exchange for a peace bond.  

There are many criminal lawyers in Alberta who handle domestic assault cases. David Chow has over 20 years of real courtroom experience. David has prosecuted and defended criminal cases.  To decide on the best Calgary criminal lawyer for you, take advantage of a free telephone consultation.