Assault Causing Bodily Harm contrary to Section 267 of the Criminal Code of Canada
BACKGROUND: Stephen attended a house party on New Year’s Eve. As the night wore on, the party got out of hand and people were being asked to leave. A taxi was called to the house, and the driver picked up a fare of three young women who then asked him to wait at the house for a fourth female to join the group. The taxi driver said that while waiting, a young man began banging on the window of the taxi. The driver said that after telling the youth to stop, he was punched in the face and then assaulted by a group of young males. My client was charged with assault causing bodily harm after it was believed that he was the youth who banged on the window of the cab and initiated the assault of the taxi driver.
Read the Summary of Police Allegations.
GOALS: As a youth and full-time student, it was very important to have Stephen avoid a criminal record. Although there were serious challenges in this case, we were hopeful that we would be able to show that there was not sufficient evidence to convict Stephen.
STRATEGY: The facts in this case were difficult to obtain, and I believed there were important details about the incident that were not made clear from the police investigation. Because of this, I hired a private investigator to look into the incident further. Through several witness statements, it became clear that there were conflicting reports as to what exactly happened in the incident. Some witnesses recalled that the taxi driver had been violent and had hit the youths that were near his cab; others said they did not believe Stephen had participated in the assault of the taxi driver.
RESULTS: I was able to show that there was not enough evidence to convict Stephen of assault, and that the evidence provided by different witnesses in the case was not consistent. All charges against my client were stayed by the court. Stephen has no criminal record.