CC: s.267(a) – Assault With a Weapon
My client left his residence at 11:00 pm, to get cigarettes. An hour later, he had not yet returned, so his wife called him. He was at the bar, getting even more drunk. He returned home after 3:00 am, heavily intoxicated and woke up his wife. She had to work the next day and told him to leave her alone. He got angry and started telling her that it was over between them and that he wanted a divorce. He then began throwing furniture around the house, including throwing a chair at her. When police arrived, the house was a disaster area, with holes in walls and soil from broken potted plants everywhere.
I tendered a plea of “not guilty,” and scheduled the matter for trial. On the day of trial, the Crown withdrew the charge, as the evidence did not support a reasonable likelihood of a conviction.