Domestic Assault & Assault Cases

Client Charged with Assault

Client was charged with assault. The matter proceeded to trial and the client testified. At trial Cathryn was successful in arguing the defence of self-defence. Cathryn persuaded the Judge that her client was justified in pre-emptively punching the person in order to protect themselves, because the client believed that the threat of harm was imminent from the complainant.

Sexual Assault, Uttering Threats and Assault of a Domestic Partner.

Client was charged with sexual assault, uttering threats and assault of a domestic partner. The matter proceeded to trial. There was significant delay in the matter that was attributed by the Crown Counsel failing to provide disclosure material to counsel in a timely matter; additionally, there was a lack of court time and the trial did not complete during the time scheduled. Cathryn prepared an Application to seek to have all charges judicially stayed against client because the client’s right to be tried in a reasonable time was violated.

Uttering Threats to the Mother of His Children

Client was going through a difficult separation and his ex-wife was using criminal litigation to try and prevent him from gaining access to his child. The complainant accused the client of uttering death threats. Client charged with uttering threats to cause death or bodily harm. Client maintained his innocence and went to trial.

Domestic Assault of Ex Wife

Client’s ex-wife accused him of throwing her to the ground and threatening to stab her with a knife during an argument. Complainant had locked herself in the bedroom with their infant child and called 911 to report the alleged offence. Client maintained his innocence and believed the complainant was using the criminal charge to prevent the client from seeing his child. Ms. Forhan was able to obtain proof of payments, emails and other letters and reports separate and apart from the Crown disclosure to show the complainant had lied in her police statement.

Domestic Assault & Uttering Threats

Accused client arrested for assault causing bodily harm and assault with a weapon after allegedly assaulting his wife. The complainant was located with injuries hiding outside of the accused’s home. The Complainant gave statement to police but was intoxicated when she did so. Accused was arrested at his home, brought into custody and released on bail.

Domestic Assault & Mischief

Accused client arrested after breaking the door to girlfriend’s home, entering the residence, and allegedly assaulting her. Our client maintained his innocence and denied the assault. At trial, the accused client testified to his innocence. The complainant was cross examined extensively on the stand. After cross examination, the trial judge found the complainant to be untruthful. The judge made a finding the complainant’s testimony was fraught with inconsistencies and appeared to be untruthful. Our client was found to be an honest and credible witness. Accused client was found not guilty of assault and plead guilty to the mischief charge for which he received an absolute discharge for breaking the apartment door.

Client charged with Assault of an off-duty police officer

The accused was arrested following a road rage incident where the accused had resorted to using pepper spray. The accused was seated in his vehicle when approached by an angry off-duty police officer. The accused was charged with assaulting an off-duty police officer with pepper spray.

Client appealing his Assault conviction

The accused was arrested following a complaint to police by his common law spouse that he had assaulted her. The accused represented himself at trial and was convicted but retained Mr. Whysall to appeal his conviction.

Client charged with Domestic Assault

The accused was arrested following police attendance to a noise complaint. Police took a statement from the girlfriend of the accused who described an assault. Police also observed red marks on the girlfriend consistent with injuries from an assault. The accused was then charged with assault.

Client Charged with Assault, Following a Road-rage Incident at Vancouver Intersection

The accused was stopped at a red light. A cyclist pulled up alongside the accused’s BMW and then moved himself and his bicycle directly in front of the accused’s vehicle. An exchange of words between the accused and the cyclist was followed by the cyclist spitting on the car of the accused and lifting his bicycle over the hood. The accused then got out of his car to attempt to remove the cyclist from his path. The cyclist was hospitalized and the accused was charged with assault.