R. v. J.O.

J.O. and her former partner were in an intimate relationship for two and a half years and were living together when their relationship ended. Previous domestic related instances were on file with their regional police department. The accused, J.O., and her former partner, the victim, were in the process of selling their home when another domestic altercation occurred between the two of them. J.O. reportedly became angry regarding money she felt she was owed. In the presence of a witness who observed three of the four alleged offences, J.O. allegedly threw her purse at the victim, grabbed his hair, punched him several times in the head, and threatened to kill him. When J.O. allegedly threw her purse at the victim, a sore on his upper lip tore open and began bleeding. When J.O. purportedly punched the victim repeatedly in the head he attempted to crouch down to defend himself. The victim sustained minor bumps and tenderness on one side of his head and a headache, but did not require medical treatment for his head or bleeding lip. While the police were at their residence the victim also accused J.O. of hitting him twice in the head with a book several months prior. He sustained tenderness to his head but did not seek medical attention. J.O. was therefore charged with two counts of assault with a weapon, one count of uttering threats, and one count of assault against her former partner. The victim also stated he was fearful J.O. would come after him to harm or kill him, and that he sleeps with his keys wrapped around the door handle so he will hear J.O. if she entered his separate room in the house. Under the Criminal Code, assault carries a prison term of up to five years, and a single assault with a weapon charge carries up to ten years of imprisonment. Uttering threats exposes the accused to up to five years of imprisonment. Because the charges stemmed from a domestic violence incident and there were previous instances of domestic assaults between J.O. and her former partner, J.O. likely would have faced a significant prison term for her charges and therefore have had a permanent criminal record. Being convicted of domestic assault holds grave implications. For example, travelling internationally or applying for certain jobs can be severely affected. Fortunately, as a result of J.O.’s unique circumstances and personal history, Jonathan Pyzer was able to convince the Crown to withdraw all of the charges against J.O. if she completed a mental health diversion program, continued with a psychiatrist, had proof of counselling and anger management, and abided by her bail conditions. As such, J.O. did not face an admission of guilt and does not have a criminal record from any charges that stemmed from the domestic altercations.