Imagine you are driving to a dinner party with your wife. You are running late. You are both irritated with the other. You both believe the other is the cause for being late. You are bickering on the drive over. Your partner gets frustrated and picks up their cellphone and says s/he is going to call the host and cancel. You grab the cellphone to prevent her from doing so. She yells at you to give it back and starts punching you in the arm. You put your hand out to stop her from hitting you because you are driving. In anger you say that she'd better stop hitting you or she'll regret it. She gets even more upset and demands you pull over and let her out. You are concerned for her safety of dropping her on the side of the road at night and decided to find a parking lot to pull into some distance down the road to try and talk and calm things down.
Assault charges can arise out of any number of circumstances, such as an argument with a domestic partner, a dispute with a neighbour, or a fight outside a bar. The offence of assault is widely defined. It includes any circumstance where a person, without the consent of the other person, applies force intentionally to that person, directly or indirectly. It also includes certain situations where no actual force is applied. An assault occurs when a person attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds, that he has, present ability to effect his purpose.
At one point in time the law seemed clear that consent could not be a defence to an assault charge that aroes out of a fist fight where injury resulted. The courts said there was little value in encouraging post bar brawls by allowing such a defence. But over the last number of years that position has changed. In some cases, even with more serious offences, the defence has been succesful.
In Ottawa, the owner of a dog can be charged when his or her dog bites a person or a domestic animal. Section 27 of the Ottawa Bylaw No. 2003-77 [Bylaw] indicates that; "No owner of a dog shall permit the dog to bite or attack without provocation a person or domestic animal"
Last week Jian Ghomeshi entered a peace bond, at which point the Crown withdrew the remaining charge against him. This brings an end to the legal saga of Jian Ghomeshi's matters. A question that is being asked by a lot of people is what a peace bond is. They are not uncommon as a resolution in cases of assault, specifically in domestic assault situations.
Christopher Hoare is charged with the attempt murder of his wife. He admits hitting her with a baseball bat but claims he did not try to kill her. He tried to enter a plea of guilt to assault with a weapon this week but the Crown refused to accept it. According to the Ottawa Citizen, that means the trial on attempted murder and aggravated assault charges is proceeding.
The news of an assault on a Russian embassy staff member by a Canadian reservist over the weekend stemmed concerns of national security. With a media ban ordered at the bail hearing news of what occurred will have to wait until the accused is before the court. While the incident is strange, the criminal charges of assault, assault with a weapon, and assault causing bodily harm are all serious charges that bring with them some of the most serious penalties, often years in jail.
Being charged with a crime, such as domestic assault, is often one of the most difficult and stressful events in a person's life. Most people never, or rarely, interact with the criminal justice system; when they find themselves charged with a criminal offence they are often left confused about what to do. The most important thing for someone facing a criminal charge is to be able to continue with their normal lives as much as possible while dealing with the charge.