- Type of Charges: Assault
- Result: Win. No Criminal record
- Win identifier number: 5141
- Lawyer: Sean Fagan
- Location: Calgary, AB
- Date: 2022
Several friends, some from out of town, including X.X., gathered to party in Calgary, AB, and rented a hotel room where they consumed alcohol. However, upon their return, an argument allegedly broke out, and X.X. reportedly became aggressive and kicked the complainant in the face. The complainant ran to the hotel lobby, and the front counter staff called 911.
When the police arrived, they spoke to the complainant to gather information about the incident. Hotel staff provided CCTV footage, which showed two individuals who may have been involved in the incident. The complainant confirmed that X.X. was the person who had kicked them in the face, and the officers observed a visible injury as a result of the kick.
The hotel staff also reported a noise complaint coming from a particular room, and they recognized X.X. from earlier in the night as being in that room. The officers located X.X. in the hotel and asked him to come to the door. After briefly stepping out of the room, X.X. was placed under arrest.
Sean Fagan was successful at securing the withdrawal of all criminal charges without the cost and risk associated with trial proceedings.
The Crown must establish several elements beyond a reasonable doubt in order to prove an assault charge. These elements include:
That the accused applied force intentionally, either directly or indirectly, to the victim without the victim’s consent; or
That the accused attempted or threatened to apply force to the victim, either by an act or gesture, that caused the victim to fear that the force would be applied and the accused had the ability to carry out the threat.
In addition to proving the actus reus (the physical act of assault), the Crown must also establish the mens rea (the intention) of the accused. Specifically, the Crown must prove that the accused intended to apply force to the victim, or was reckless as to whether force would be applied.
It’s important to note that the Crown does not need to establish that the victim suffered any physical injury or harm in order to prove an assault charge. The mere application or threat of force, without the victim’s consent, is sufficient to establish the offense.