R. v. X.X. – 9641

Allegation:

X.X., a woman, was charged with assault following a domestic altercation involving her boyfriend. According to the complainant, the two had been arguing throughout the day over a series of text messages. The argument allegedly escalated when the complainant arrived at X.X.’s apartment and was met with screaming from a third-floor balcony. The complainant reported that after entering the apartment, he attempted to leave several times but was physically stopped.

At one point, the complainant moved onto the balcony in an effort to separate himself. It was alleged that X.X. followed him outside and, in full view of a police officer arriving on scene, intentionally spit directly into his face. Officers arrested her at the scene and charged her under section 266 of the Criminal Code.

Spitting is treated as an aggravating factor in assault cases, especially when witnessed by police. It is often described by the courts as degrading and unhygienic, and convictions frequently result in a criminal record—even for first-time offenders.

Result:

X.X. hired Devlin Gavigan of Sean Fagan’s office. The final result was withdrawal of all charges.