CC: s.266 – Assault
My client engaged his wife in a heated verbal dispute. The argument continued in the kitchen area, where my client smashed a plate of food and then struck his wife in the face, knocking off her glasses. She ran outside and called the police. He locked her out. Their child was in his room, sleeping. She feared for his safety. Police could not get my client to open the door, so they entered by force by breaking a basement window. They found him in his room, pretending to be asleep. His wife had two small lacerations, dried blood, bruising and swelling to her face.
The Crown initially refused to resolve the matter by way of a Peace Bond, because this was not the first time my client had been charged with assaulting his wife. In addition, a previous domestic assault had already been resolved with a Peace Bond, a few years prior. I tendered a plea of “Not Guilty,” and scheduled the matter for trial. On the day of trial, his wife did not appear. She had communicated in advance to the Crown that it was all a big misunderstanding; that he had not assault her; that she did not wish to proceed with the charge, etc. On that basis, the Crown did not seek a witness warrant and the charge was dismissed. No criminal conviction.