R. v. SJJ (2014 Surrey B.C. Provincial Court)
Police attended complainant’s residence and found her with blood and bruises, alleging that Client had assaulted her by punching and kicking. Client vehemently denied the allegations, pleaded not guilty and set the matter for trial. Vancouver Criminal Defence Lawyer Emmet J. Duncan successfully persuaded Crown counsel that it was unnecessary to proceed to trial, particularly as the cross-examination of the complainant would be vigorous and would focus on various inconsistencies in statements the complainant had made to police and prosecutors. Client was prepared to admit that there had been a heated argument, that the complainant had become fearful, and he agreed that for one year, he was prepared to have no contact with her and stay away from places where she lives, works and studies. As a result, Crown counsel agreed to DROP THE CRIMINAL CHARGES, and Client entered into a restraining order (also referred to as a “peace bond” or “Recognizance”) to stay away from the complainant and to take counselling. Client, an international student studying at a major Canadian university, receives no jail and no criminal record.