Client Charged with Domestic Assault Receive No Criminal Conviction

October 2025 – Western Canada – No Criminal record

Wyman & Williamson were able to deliver for a father and son who had been jointly charged with a domestic assault on their wife/mother. While it is unusual for our office to represent both clients in a trial involving these types of charges, both clients were able to walk away from this incident without a criminal conviction.

Background

The clients resided together at the time of the offence. The complainant alleged that she was confronted by both accused outside a residence here in Calgary. She alleged that a verbal argument took place early in the morning and that she was accosted by both clients. The Criminal Code treats domestic allegations as an aggravating factor in sentencing. Given that both clients had no prior criminal records, obtaining a not guilty finding or having the charges withdrawn was the required result.

Defence Strategy and Resolution

In preparing for this prosecution, trial counsel learned that there was far more going on with respect to the incident in question. Contrary to the complainant’s version of the offence to police, she had been cheating on her husband and was in fact at the residence of her boyfriend when the incident took place. When she emerged from the residence, both clients denied any improprieties and alleged that the injuries suffered by the wife/mother were of a consequence of her falling on the ice in the apartment complex’s parking lot. Fortuitously enough, the son had recognized that a confrontation may occur and elected to film the incident on his cell phone. The footage corroborated the clients’ version of the events regarding the fall.

As is often the case, trial strategy dictated the matter’s result. As is the defence’s right, it was determined that this key piece of evidence should not be disclosed to the prosecution. A not guilty plea was entered by both clients, and the recording was to be used at trial in order to impeach the complainant’s credibility.

On the date of trial, counsel was able to utilize the recording in order to persuade the assigned crown to withdraw the charges against both clients. The trial strategy truly prevailed as the complainant’s version of events was no longer reliable.

Outcome

This case is an example of the need for considerable preparation at the outset of a criminal prosecution. On account of this meticulous preparation, both clients were able to walk away from this file without a criminal conviction.