Accident not Assault causing bodily harm

OFFENCE: Assault causing bodily harm

RESULT: Not guilty

DEFENCE LAWYER: Sean Fagan

Regina v. D.R. – May 2018

Charges: Sections  267(b) Criminal Code of Canada – Assault with Weapon

R.D. and his girlfriend were cleaning the house, having some drinks, and enjoying the first good day of weather that they had in a long time.  A few drinks became a few too many, and R.D. determined that it was time to go to bed, as they both worked the next day. As R.D. was getting ready for bed in their very small residence, his girlfriend rushed out of the bathroom, and they accidentally bumped into each other.  R.D.’s girlfriend fell down a small stairwell to the kitchen and suffered a very serious broken ankle from the fall.  As she lay on the floor, she called an ambulance; she did not call the police.

The police arrived, notwithstanding that they were never called, and they immediately created their own version of what happened.  R.D.’s girlfriend did not claim that she was assaulted. Nevertheless, the police arrested R.D. for assault causing bodily harm and took him to jail; his girlfriend was taken to the hospital.  The police obtained a statement from the girlfriend the next day, whose recollection was hazy due to alcohol consumption and hospital issued prescription drugs.  Nonetheless, the girlfriend was clear that R.D. had no intention to push her.

R.D. was ultimately released, but with a condition to not contact his girlfriend.  R.D. retained the legal services of Sean Fagan to defend these most serious charges. The Crown was unwilling to resolve this matter without the entry of a criminal conviction, notwithstanding the statement of the girlfriend.  Following that, a trial date was scheduled.  Unfortunately, even a relatively straightforward two witness matter like this can take 6 months to get to trial.  Often an accused will go that entire time under conditions not to contact their loved ones.  A significant challenge for any relationship to overcome.

On the day of trial, Calgary criminal lawyer Sean Fagan was successful at having all charges dismissed.