R. v. M.C.

Domestic assault is a serious assault charge that police and courts take more seriously than regular assault charges in Canada. In this case, M.C. and her former partner had been dating for approximately two years. During that time, they were involved in a domestic dispute and M.C. was charged with assault. Relating to that charge, M.C. was released on an undertaking with a specific condition not to directly or indirectly contact her partner. Just under two months after receiving the undertaking with the specific condition to not contact her partner, the police arrived at M.C. ‘s house for another domestic altercation between the two. M.C. and her partner, the victim, became involved in a physical altercation due to trust issues in their relationship. During the dispute M.C. allegedly hit the victim’s iPad with a golf club. The $450 iPad smashed and it was rendered unusable. M.C. also allegedly used the golf club to strike the victim on the back of his head and body with such force that the golf club broke. The victim did not suffer any serious injuries as a result of the domestic altercation. The police charged M.C. for failing to comply with her former undertaking arrangement, mischief under $5000.00, and assault with a weapon. The Crown wanted M.C. to face jail time, probation, and submit a DNA sample. Under the Criminal Code, assault with a weapon can lead to a prison sentence for up to ten years, and mischief under $5000.00 can lead to a two-year prison term. Failure to abide by conditions specified in an undertaking arrangement can lead to a two-year prison term. Because M.C. was clearly violating her undertaking arrangement by being in direct contact with the victim, the Crown had a good prospect of convincing the court beyond a reasonable doubt that M.C. was guilty of that charge which would stay on her criminal record. However, Jonathan Pyzer presented the Crown a mitigating package that pointed to M.C.’s mental health and addiction issues and successfully convinced the Crown to withdraw all of the charges against M.C. As such, M.C. had to complete a mental health diversion program, and the case was resolved by a common law peace bond of $500.00 with no deposit and no sureties, and she was to not contact her former partner or possess any weapons for a period of nine months. This means that instead of being convicted and getting a criminal record, M.C. had to abide by specific conditions for nine months or else she would have to pay the court $500.00 at that time. Further, she did not need a surety to assure she complied with her conditions. Jonathan Pyzer was also successful in having M.C.’s previous domestic assault charge withdrawn upon proof of her completing an anger management program. M.C., therefore, does not have a criminal record as a result of either domestic altercation with her partner.