Robichaud's

criminal defence litigation

 

481 University Avenue, Suite 510
Toronto, Ontario M5G 2E9
Tel 416.220.0413 | Fax 416.598.3384

 

 

 

 

 

 

 

   

Assaults (non-domestic), Aggravated Assault, Assault with a Weapon, Assault Causing Bodily Harm, etc.

R. v. K.D. (Ontario Court of Justice)
Charges: Aggravated Assault
Allegations: Accused was alleged to have stabbed complainants. One in particular was stabbed several times in the back and side causing hospitalization and lasting, life-threatening injuries. At preliminary hearing, complainant agrees in cross examination that he is 100% sure that it is not the same person who stabbed him.
Results: Charges dismissed at preliminary inquiry.

R. v. J.M. (Ontario Court of Justice)
Charges: Assault, Uttering Death Threat, Breach of Probation x2
Allegations: Assault upon a neighbour after neighbour made accusations that accused had robbed his son.
Result:  Not Guilty on all counts.

R. v. N.S. (Ontario Court of Justice) - Toronto
Charges: Uttering Threats x4, Weapons Dangerous, Mischief Under, Criminal Harassment
Allegations: Alleged to have got in a dispute with complainant over email which then escalated to physical threats to her and her child, attendance at her home, and slashing her mother's car tire.
Result: All charges withdrawn

R. v. A.M. (Ontario Court of Justice)
Charges: Assault Police Officer (x2), Assault Resist Arrest, Fail to Comply with Recognizance, and Possession of Marijuana
Allegations: Police enter an apartment pursuant to a drug investigation.  The Accused attempts to flee.  A struggle ensues between several police officers and the accused resulting in one police officer receiving massive head injuries requiring eight staples to his head after being pushed down stairs by the accused.  Drugs are found on the accused and in the apartment. At the time of the allegations, the accused was on a bail recognizance that required him keep the peace.
Result: All charges withdrawn except one assault.  Client plead guilty to assault alone and received 12 month probation - he did not go to jail.

R. v. D.Y. (Ontario Court of Justice)
Charges: Assault, Failing to Comply with a Recognizance
Allegations: A fight occurs between two young people on a basketball court.  The complainant reported to the police and testified that the accused hit him with a baseball bat and caused serious injuries to him. 
Result: Acquitted on both counts.

R. v. I.R. (Ontario Court of Justice) - Toronto
Charges: Assault
Allegations: Landlord and tenant dispute with allegations of violence.
Result: Client entered into a section 810 peace bond and charges withdrawn.

R. v. A.G. (Ontario Court of Justice)
Charges: Assault, Failing to Comply with Probation
Allegations: Security guard assaulted after altercation over parking entitlement.
Result:  Charges withdrawn - adjournment application lost by Crown. 

R. v. R.B. (Ontario Court of Justice)
Charges: Assault Resist Arrest, Uttering Threats
Allegations: Death threats made to police officer.  Upon arrest of accused, accused struggled with police resulting in bleeding nose of one officer.  
Result:  Not Guilty on Uttering Threat Count; guilty of Assault resist arrest - Sentence of
Conditional Discharge received (no lasting criminal record)

R. v. I.R. (Ontario Court of Justice)
Charges: Assault, Fail to Comply with Recognizance
Allegations: Landlord and tenant dispute results in judgment against landlord forcing him to pay accused money.  Accused goes to collect money but landlord would not pay.  Accused spits in landlords face and pushes landlord.
Result:  Not Guilty on All Counts

R. v. M.D. (Ontario Court of Justice)
Charges: Assault, Transportation Fraud, Threatening Bodily Harm
Allegations: Assault upon TTC driver with co-accused.  Threats made before the assault.
Result:  Charges withdrawn - section 810 peace bond entered into.

Sexual Assaults, Assaults, and Offences Against the Person in Ontario.

Offences on the person cover a wide range of offences.  The offences range from a simple push and shove to very serious sexual assaults. 
 
Needless to say, serious allegations such as these can raise very complicated issues with life-changing consequences if you should lose your case.  Therefore, having proper legal representation is critical to ensuring that you are not unfairly treated or at a disadvantage in defending yourself.
 
Many of these sorts of offences, particularly sexual assaults, involve detailed and mandatory requirements in evidence.  It is often unacceptable an assert many issues that you may consider relevant to a complainant's credibility.  For example, section 276 of the Criminal Code precludes someone from raising the past sexual history of a complainant unless the party wishing to do so establishes a relevant basis for doing so.  This sounds much easier than it is and can often lend to confusion and frustration for an unrepresented accused.
 
Other types of assaults such as "aggravated assault", "assault with a weapon", "assault causing bodily harm", "assaulting a police officer", etc., can also entail a great deal of complicated points of evidence such as the admissibility of medical records, the extent of injuries, and issues such as self defence or consent.  Having the assistance of proper legal counsel can assist you in understanding your possible defences and ensure that justice is achieved.
 
Call me anytime to discuss these issues and your options at (416) 220-0413
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