The accused, R.A. was charged with domestic assault. At the time of alleged assault R.A. had been married to his wife, the complainant for nine years and they had three children together. It was alleged that R.A. and the complainant got into a verbal argument about the lack of attention R.A. had been paying to complainant. It was said that R.A. followed the complainant into their seven year old child’s bedroom and continued to argue. It was alleged that R.A. then grabbed her by both arms, sat her upwards and choked her wrapping one of his arms around her neck. It was said that as the complainant tried to leave R.A. dragged her back into the room, and pushed her up against the wall. As a result of the incident the complainant had visible bruising on her left bicep and the right side of the neck. Jonathan Pyzer successfully represented R.A. and was able to get the charge against him withdrawn, despite the accused having a previous finding of guilt from a separate incident. The defence was able to negotiate a deal with the Crown, that upon R.A. entering the PARS (Partner Assault Response Services) program and signing a s. 810 peace bond the charges against him were withdrawn. Initially the Crown’s office was reluctant to withdraw the charges given R.A.’s record of domestic assault, the injuries suffered by the complainant and the fact that there was a child present during the incident. However with much effort and determination the defence was able to persuade the Crown not to proceed, as a finding of guilt would have ended R.A.’s career.
R. v. R.A.
Summary of Case
5.0
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