Charges:

CC: s.140(a) – Public Mischief, s.430(3) – Mischief, s.266 – Assault, s.349(1) – Break & Enter a Dwelling and Commit an Indictable Offence, s.145(5.1) – Aid and Abet complainant to Breach his Recognizance.

Allegations:

My client had two sets of charges. First, she provided two separate complaints, with detailed statements, to the police about how her boyfriend committed various offences, including that he assaulted her, robbed a bank, and intimidated her to prevent her from going to the police. She later recanted, those allegations, telling police that she just wanted to get back at him (which was not true, he had promised to get back together with her if she recanted). Second, she attended her boyfriend’s residence, saw that he had another woman in there with him, and became instantly angry. He told her to leave. She refused. Instead, she pushed her way into the residence, yelling and screaming at the other woman and assaulted her boyfriend by punching and shoving him. My client left when she noticed that the other woman was recording the incident. On her way out, she grabbed a fire extinguisher and proceeded to strike the panels and windows of his truck with it, causing numerous dents and scratches all over. She then scratched his paint all around, using a key, and carved the word “cheater” on his tailgate.

Result:

I negotiated a plea whereby she pleaded guilty to only the mischief charge (for vandalizing his truck). The Crown argued for a sentence of probation, as well as a high compensation order. However, I argued for, and succeeded, in obtaining a Conditional Discharge, with no compensation order, resulting in all charges being withdrawn after 12 months.