R. v. X.X. – 0561

Allegation:

X.X. was accused of assaulting his partner during an argument that began inside a vehicle and allegedly spilled into public view in northeast Calgary. The complainant told police that the incident started while X.X. was driving and escalated when she was struck in the face. She claimed that after she retaliated by throwing a bottle, the accused continued to hit and kick her, eventually forcing her out of the car. Police responded and located the complainant nearby. Officers reported that she had visible injuries, including swelling and bleeding to her mouth and lips, and they photographed her condition on scene. X.X. was also noted to have blood on his hands and scratches on his neck. The Crown relied on those observations, along with witness accounts and police statements, to support a charge of common assault under section 266 of the Criminal Code. Given the nature of the injuries and the documentation available, the matter was treated seriously.

Result:

Devlin Gavigan was successful. The charges were withdrawn on the day of trial. No conviction was entered.