R. v. V.S.S.

(Calgary Court of Justice - Domestic Assault/Break and Enter). VSS was charged with domestic assault and break and enter arising from an event at a parter's family members home. Ultimately, due to exaggerations by witnesses relating to VSS's involvement, the case was resolved by way of a peace bond, with the criminal charge being withdrawn. Peace bond is a non-criminal record disposition that is often used in domestic violence courts in Alberta to address concerns of family violence without imposing a criminal record. It is important to understand that when an accused plea bargains to peace bond, the accused is not admitting that he or she committed a criminal offence. A peace bond can be imposed in situations where the complainant has a reasonable fear for his or safety, or in circumstances where the Prosecutor has reasonable grounds to believe that there could be a breach of the public peace.

It is not unusual for accused charged with a domestic violence offence to agree to resolve by way of peace bond.  This is so for a variety of reasons. Firstly, there are no guarantees that the accused will necessarily win at trial. Secondly, trials are expensive and time consuming. Thirdly, peace bond usually ends the case much earlier in the legal process. Ending a criminal case early often lessons the stress of the prosecution on the accused and often means that the family can reconnect sooner. 

In VSS's case, the evidence did not support break and enter. Fortunately for the accused, a doorbell camera captured the moment that the accused was invited into the home. While a family member of the complainant made a number of allegations against the accused, a cellphone video did not support many of the claims. Finally, there was evidence that VSS may have actually been the victim of an attack by a complainant spouse. 

Fortunately for VSS, the Crown reviewed the file carefully and reasonably considered concerns raised by the accused's criminal defence lawyer. 

As many Calgary criminal lawyers and accused have experienced, the laying of charges and prosecuting of offences sometimes appears to be little more than a choice made by law enforcement to pursue the accused when the complainant could have just as easily (or even more easily) have been charged. In the view of this Calgary criminal lawyer, in these situations, it is more-often-than-not the man who ends up facing the prospect of a criminal record. If you have been charged with a domestic violence offence, it is important to retain a qualified criminal defence lawyer to help with your case. David Chow has successfully defended hundreds of domestic assault cases. For a free consultation with a Calgary based domestic assault lawyer, call 403.452.8018.