Recent Cases

Jillian Williamson recently secured a not guilty verdict for a client charged with Assault with a Weapon arising from an incident at a seniors' care facility in Calgary.

The allegation stemmed from a visit her client made to see her elderly mother, who resided in the facility. At the time, the facility was testing a new incontinence product. When a nursing attendant entered the room to retrieve an incontinence pad, our client attempted to provide feedback regarding the product's effectiveness.

According to the evidence, Jillian’s client was concerned that the product was not working properly and was allowing leakage. During the discussion, tensions escalated as the parties disagreed about the condition and performance of the product.

The Crown alleged that our client intentionally wiped the complainant’s face and neck with a pair of underwear, resulting in a charge of Assault with a Weapon, the alleged weapon being the underwear itself.

At trial, our client testified that she was attempting to demonstrate the leakage issue when the nursing attendant suddenly moved backward. She explained that she was startled by the unexpected movement and that any physical contact that occurred was entirely accidental. The defence position was that the Crown could not prove the necessary intent required for a conviction.

After hearing the evidence, the trial judge accepted the client's account and found her Not Guilty. Applying the principles from R. v. W.(D.), the Court concluded that the evidence raised a reasonable doubt as to whether any contact was intentional. As a result, the Crown failed to prove the essential elements of the offence beyond a reasonable doubt.

This case serves as a reminder that a criminal conviction requires proof not only that contact occurred, but that the Crown can establish the required criminal intent beyond a reasonable doubt.