Regina v. S.P. [ Sept 2017] – Assault

Section 266 of the Criminal Code of Canada – Assault

S.P. was involved in a dispute with a co-owner of a business they operated together. There was significant disagreement over the distribution of assets in the business, which they both agreed should be dissolved. The disagreement turned to physical violence when S.P. attempted to remove property from the business, which was lawfully the property of S.P. As S.P. was leaving the business with the property, a multitude of people surrounded S.P. and initiated a violent group attack. S.P. called the police, but they did not arrive in time. In an effort to protect himself from potential grievous bodily harm or death, S.P. kicked and swung for his life. S.P. fought off the violent attack, escaped, and the police arrived shortly thereafter. Unfortunately for S.P., his assailants made the first contact with the police and t0ld them their version of events, which characterized the police’s understanding of what had occurred. The police ultimately arrested and charged individuals from both parties, including S.P.  S.P. retained the services of defence counsel Sean Fagan who had the matter quickly resolved by the withdrawal of all charges.