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R. v. A.S. (2023)

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A.S. was charged with one count of Assault, Toronto. A.S. had a stepdaughter staying with her and her husband. A.S. and the stepdaughter had an argument. The husband of A.S. intervened and it was alleged that A.S. scratched him. A.S. called an ambulance as she was not feeling well because of the fight. The paramedics arrived, spoke to A.S. and based upon her statement, the police were called. Police officers arrived and took statements from all the parties. As a result, they arrested A.S. for domestic assault. A.S. retained Mariya Protsenko of Neuberger and Partners LLP, Toronto Criminal Lawyers. Mariya received disclosure and drafted A.S.’s history with her husband and the stepdaughter. Mariya had a pre-trial with the assigned Crown Attorney and negotiated a resolution. The Crown Attorney agreed to withdraw the charge upon waiting for 6 months. The Crown Attorney allowed full contact of A.S. with her husband while A.S. waited for 6 months for her charge to be withdrawn. Once 6 months had passed, the charge of Assault was withdrawn. The level of the alleged assault was so minor; it would have been best to not charge anyone. But because of mandatory charge policies in “intimate partner or domestic violence” cases, the police had no discretion.

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