R. v. X.X. – 5161

Allegation:

X.X. was charged in Surrey, British Columbia with two offences: assault and assault by choking. The allegations arose from a domestic dispute and were treated seriously by both police and prosecutors. In Canadian law, assault by choking is considered especially serious because of the danger it poses—cutting off someone’s airway, even briefly, can lead to unconsciousness or worse. Section 267(c) of the Criminal Code reflects how seriously these cases are viewed, particularly when they happen in the context of domestic or intimate relationships. Jail is a common outcome for a conviction, even when it’s a person’s first offence. The Crown’s case included statements from the complainant and attending officers, and the charges were set to proceed in Surrey Provincial Court.

Result:

Stay of proceedings. This means the charges were formally dropped and the prosecution brought to an end. No conviction was entered, no plea was required, and X.X. walked away without a criminal record. Although based in Alberta, Sean Fagan’s firm routinely defends clients across Canada—including serious cases like this one in Surrey, British Columbia.