Domestic Assault | Examples Of Favourable Verdicts

Toronto Criminal Defence Lawyer - Tushar K. Pain

Examples of Criminal Cases won by Tushar K. Pain

Domestic Assault Offences in this category include allegations of physical violence, sexual assault, threats, criminal harassment, and other such allegations against a family member. Domestic assault charges are typically laid against men. The triggering event is often a ‘911’ call from the spouse during a heated argument. These charges are vigourously prosecuted by the Crown Attorney’s Office and often cause tremendous hardship to the whole family.


Cases Involving Domestic Assault: R. v. Willy Chu Willy wasn't getting along with his wife. One night, after several days of miscommunication, they started to argue. The argument led to a physical fight. A few days later, Willy's wife went to the police. Willy was arrested and charged with domestic assault. His wife filed for divorce. Willy maintained that she had started the fight and he had only defended himself. R. v. Camero Silver Camero Silver, a mid-forties marketing executive, was looking for companionship when he met Craig Coghill – a teenager. They began a troubled relationship that led to a heated argument. Camero found himself falsely accused of assault. R. v. Mary Peel Mary had it all – a loving husband, two beautiful children, and a successful business. But an extra-marital affair with a close family friend led to Mary being charged criminally for assault causing bodily harm and mischief to property. R v. J.L. Jerry was charged with assaulting his one night after they had a dispute and she called the police. Both Jerry and his wife retained separate lawyers in a bid to get the charges withdrawn. Both attended marriage counseling sessions and their lawyers met with the Crown on several occasions. On the trial date, all charges were withdrawn by the Crown. R. v. C.B. Carll Benson was a young man involved in his first serious relationship. The relationship ended when his girlfriend, Lisa, announced that she had a new boyfriend. Carll was hurt and angry. A few weeks later, Lisa called the police and claimed that Carll had threatened her life by e-mail. Carll was arrested, charged and released from the police station on condition that he was to have no contact with Lisa. While awaiting his trial on this first set of charges, Carll found himself arrested again. The allegations were that he was, once again, sending Lisa harassing e-mails. Carl was charged with breaching the conditions of his release and criminal harassment. The judge at Carll’s bail hearing described the case against him as a “slam dunk” for the prosecution (see R. v. C.B. (bail hearing)). Despite the case against him, Carll’s family was adamant that he not get a criminal record. Ultimately, all the charges against Carll were withdrawn. R. v. C.B. (bail hearing) Carll Benson was a young man involved in his first serious relationship. The relationship ended when his girlfriend, Lisa, announced that she had a new boyfriend. Carll was hurt and angry. A few weeks later, Lisa called the police and claimed that Carll had threatened her life by e-mail. Carll was arrested, charged and released from the police station on condition that he was to have no contact with Lisa. While awaiting his trial on this first set of charges, Carll found himself arrested again. The allegations were that he was, once again, sending Lisa harassing e-mails. Carl was charged with breaching the conditions of his release and criminal harassment. He was held overnight for a bail hearing. R. v. G.S. (bail hearing) For a while, George’s marriage was on the rocks. He met another woman, Katie, and started to have an affair. The relationship was a stormy one and she ended up calling the police and having him charged with assault. George went for a couple of court appearances but then stopped going to court. A bench warrant was issued for his arrest. Meanwhile, George put the court proceedings out of his mind and continued on with his relationship with Katie. Eventually, he was found and arrested. He was bailed out by his wife, Moira, who by this time became aware of George’s affair and the charges against him. George stopped seeing his girlfriend, Katie. Katie got extremely upset and went to the police, claiming that George had assaulted her again. George was arrested again and held for a bail hearing. His odds of getting bail again were extremely low… R v. G.S. George Sheppard, a prominent television executive, was charged with assault against his girlfriend. He steadfastly denied it and asserted his innocence. The problem was that an off-duty officer was a witness to the whole incident. The case was taken to trial and Mr. Sheppard was ultimately acquitted. R. v. Y.H. Yogi Hong's marriage was falling apart. It came to the point where it was beyond repair and separation was inevitable. He and his wife had a very young son. Mr. Hong was falsely accused of abusing his spouse and their child. The matter proceeded to trial more than fifteen months later. R. v. S.G. Steve Gates was in an unhappy situation. His wife, Mary, moved her mother into their house without consulting Steve. This lead to many arguments in the house. Finally, one day Steve's mother-in-law called the police and said that Steve had slapped her. Steve was arrested and prohibited from going home. Steve came to me for help. He was adamant that he did not do anything wrong. It was very important to him to win. The Crown offered to withdraw the charge if Steve agreed to sign a peace bond. Steve declined the offer. We went to trial. The charge was ultimately thrown out due to unreasonable delay. R. v. A.A. Arn Anderson was having problems in his marriage. He was in an "on again / off again" relationship. One day, his wife got fed up and had Arn charged with criminal harassment. Arn was arrested but received bail. Once on bail, Arn contacted his wife (in violation of his bail conditions) in an attempt to reconcile. He was arrested and charged with breaching his bail. He immediately hired a lawyer that he had found through his church. Arn protested his innocence and made it very clear that he was going to fight the charges against him. However, Arn's lawyer improperly scared Arn into believing that he would go to jail for a long time if he didn't just plead guilty. Out of a feeling of terror, Arn pleaded guilty. He didn't go to jail. However, he believed that a grave injustice had been done and that his lawyer and the system had betrayed him. Arn retained me to appeal his case. The appeal court agreed that Arn's guilty plea was improper and should be reversed. A new trial was ordered. Arn won the appeal. The Crown decided not to re-prosecute the case. R. v. N. S. Following a lengthy trial, Norman Schulz was convicted of assaulting his wife and his son. Despite strong evidence against him, he maintained his innocence and retained me to appeal both convictions. The appeal judge agreed with my argument that the trial judge had made an error and one of the convictions was overturned. The other conviction remained. The second conviction was subsequently appealed to the Ontario Court of Appeal. That appeal was granted as well. Mr. Schulz was granted new trials on both matters. However, the Crown decided not to proceed with a new trial. R. v. K.K. Kelvin Koney was charged with assaulting his wife. He wanted to get to trial quickly because his bail prevented him from going home. He deeply missed his wife and child. Month after month, he went to court only to be told by the Crown that his disclosure (a copy of the evidence against him to which he is entitled) was not ready and that he would have to come back on another date. Finally, we brought an application in court to force the Crown to provide the disclosure and pay Mr. Koney's increased legal fees due to the delay. The application was granted and Mr. Koney immediately received his disclosure. The judge ordered the Crown to pay Mr. Koney's legal bill.
Read what clients involved in this kind of case have to say about Tushar K. Pain: Jerry, Toronto Willy Chu, Mississauga Camero Silver, Hamilton R. v. Mary Peel B.B., Pickering M.C., Toronto J.L., Vaughan B.B., Toronto E.G., Toronto X.T., Toronto G.A., Toronto S.H., Toronto N.C., North York S. Hussain, Toronto No name requested, Toronto H.B., Markham B.B.S., Brampton J.E., Toronto No name requested, North York G.S., Toronto

You're Invited to Call or E-mail
If you've been charged with a crime - or think you might be charged in the future - you're invited to call me. I'll answer your questions and explain how you can protect your legal rights. I will gladly talk with you on the telephone or in my office. You're invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.

Tushar K. Pain, Toronto Criminal Defence Lawyer
393 University Avenue ~ Suite 2000 ~ Toronto, Ontario, M5G 1E6
tel: 416.410.4838 fax: 416.410.5532 email: tkpain@torontocriminaldefence.com

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