assault and firearms charges withdrawn mid-preliminary inquiry

R. v. VI

Mr. VI was alleged to have punched and pistol whipped the complainant in his hotel room, completely unprovoked.  A preliminary inquiry was held to test whether there was enough evidence to bring Mr. VI to trial.  The complainant and his friend both testified that they were at a birthday party on the second floor of a hotel.  Around 4am, the complainant was having a cigarette on the balcony of his room when he somehow dropped his keys onto the balcony below him.  He went down to that room and knocked on the door when the accused and his friend allegedly opened the door and began assaulting him.  

This case was particularly difficult because there were problems with the complainant’s police statement in that there was video but no audio, so Ms. Bristow only had the police notes of the complainant’s statement to rely on.  Further, the complainant’s friend refused to provide a statement to the police at the scene.  As a result, Ms. Bristow was at a significant disadvantage when preparing for the preliminary inquiry.  

The complainant, his friend and several officers testified at the preliminary inquiry.  Through cross-examination, significant weaknesses in the Crown’s case became apparent during the contradictory evidence of the complainant and his friend, as well as internal inconsistencies within the complainant’s own evidence.  After the evidence was heard, the Crown attorney agreed with Ms. Bristow and decided to withdraw the charges against Mr. VI.
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​If you have a criminal matter and would like to contact Ms. Bristow for a free consultation, please contact her by phone at 416-598-5741 or email at bristow@criminaltriallawyers.ca

Note:  Past successes do not guarantee future successes
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