My client was accused by an acquaintance of having perpetrated an unprovoked attack against the “victim” from behind with a steel chair as he sat in a barbershop chair. The “victim” was with my client’s son at the time and there had been rumors that the “victim had been sleeping with my client’s wife and may even have been the father of the child.
Assault with a Weapon
The victim gave a statement to the police and had photographs taken of his injuries which was a small abrasion on his wrist as well as a bruise on his lip.
The client was adamant that he did not commit any assault against the “victim.” He said the “victim” attacked him and that he grabbed a chair while under attack and threw it at the “victim” to prevent the continuing assault the “victim” was perpetrating on him.
Given that the complainant complained of an unprovoked, vicious attack, with a weapon, the Crown was not willing to withdraw the charges. My client, having stated that he was not guilty, was not in a position to plead guilty. A trial was set.
I met with my client on numerous occasions to get as much background as possible with respect to the relationship he had with the “victim.” We also spent a significant amount of time preparing for my client’s testimony at trial. My client was very emotional about the situation and obviously very upset. We spent a lot of time preparing him to testify calmly and in a concise manner, so that his evidence would be presented to the Judge as strong as possible.
At trial, I focused my cross-examination of the “victim” in three areas:
(1) The relationship he had with my client’s wife was more than he led on. In fact, he did not admit that he was with my client’s son until after being asked repeatedly in cross-examination. He admitted to having traveled to a foreign country with my client’s wife as well. We established that he held a great deal of animosity towards my client. This animosity was important to establish to the Court. He had a motive to lie and make up the allegations.
(2) The physical evidence made did not accord with the “victim’s” testimony. The “victim” stated he received was hit from behind at full force with a steel chair. The chair came from over his head and from his testimony, it was hard enough that it almost killed him. Yet from his testimony, he was able to stand up right away and defend himself. He also had no injury to the back of his head. In fact, the only injury to his head was a very minor bruise on his lip. This was important in that it established that the “victim’s” version was implausible and that he was likely not being truthful about what actually occurred.
My client testified that once he saw his son being taken by the “victim” he followed them because his son has said repeatedly that he “did not like that man.” He testified that he went to the barbershop, asked for his son, an argument ensued, and he was ultimately attacked.
The trial finished, and the matter was adjourned for final submissions by the Crown and Defence. The Crown Attorney after having heard all the evidence, called me and said that on the basis of all the evidence, he does not think it would be proper for the prosecution to continue and that my client should be acquitted. On the return date, the Crown Attorney invited the presiding Judge to dismiss the charges against my client. All charges dismissed.
If you have been charged with a criminal offence contact Neil Singh at (905) 853-1078 or (416) 607-5414. Click here to contact us via email.
Neil Singh is an experienced criminal lawyer who has a proven track record of successfully defending people charged criminally. With offices conveniently located in Toronto and Newmarket, we are able to assist those charged throughout the GTA.
Representing individuals charged in Toronto, Etobicoke, Scarborough, North York, Rexdale, York region, Newmarket, Aurora, Richmond Hill, Vaughan, Woodbridge, Maple, Kleinburg, Concord, Markham, Keswick, Georgina, King City, Peel Region: Brampton, Mississauga, Malton; Orangeville, Caledon, Durham region, Oshawa, Whitby, Ajax, Pickering, Halton Region, Milton, Oakville, Burlington, Georgetown, Halton Hills, Simcoe County, Barrie, Bradford