R. v. Z.A.

The accused, Z.A. and the complainant had been in a romantic relationship for approximately one year when an incident occurred that lead to criminal charges being laid against the accused. A.Z. was charged with two counts of assault and one count of assault with a weapon. The couple had a tumultuous history. Previous to this incident the accused had recently moved out of their shared apartment following an argument. On the evening of the incident, the complainant made arrangements with some friends to attend the nightclub where the accused worked. According to the complainant, when the accused learned of her plans that evening he became very angry.  It was alleged that an argument ensued during which the accused became violent, punching the complainant on both arms, pushing her into the closet, causing it to break. Allegedly the complainant had then run away form the accused into the bedroom, and had lay down in the bed. The accused followed her into the bedroom and squeezed her ankles until they hurt. Allegedly when he let go, he had picked up the victims phone and computer and threatened to throw them over the balcony if she called the police. The complainant later advised police that during their argument, the accused had made her pull down her pants, saying that she deserved a spanking. She claimed she had fearfully complied and that the accused slapped her repeatedly on the behind. According to her, Z.A. also at some point held a cheese knife to her face, threatening to cut out her teeth. The incident ended with the accused leaving the apartment. The complainant did not call the police. According to the complainant a subsequent incident occurred several days later, when the accused shoved his fingers into the complainant’s mouth and banged her head off of the floor. Following which, the complainant called her parents. Her father subsequently reported the incidents to the police. The complainant suffered bruising to her legs, arms and back, and a cut on her lip. Jonathan Pyzer represented A.Z. and was successful at having all the charges against him withdrawn. Initially when Mr. Pyzer asked the crown to consider withdrawing the charges during pre-trial discussions, they refused. After the Judicial Pre-trial, where the judge agreed with Jonathan’s position, there was discussion about a peace bond a withdrawal. The complainant was not agreeable to a peace bond. Jonathan Pyzer was able to convince the Crown to withdraw the charges without a peace bond, not only allowing the accused to avoid a criminal record but also to avoid taking any responsibility for the incidents.