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R. v. D.S. (2024)

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D.S. was charged with two counts of Assault and one count of Utter Threat out of Newmarket courthouse. D.S. has been married to the complainant for almost 15 years. The two had children together. D.S. and the complainant were going through turbulent times in their marriage and the complainant had cheated on D.S. with D.S.’s friend. This resulted in more arguments between D.S. and the complainant. At some point D.S. wanted to hug the complainant against her will. This was recorded by the complainant. It was also alleged that the accused pushed the complainant on another occasion and told her that he was going to “have her dead”. D.S. retained Mariya Protsenko to defend his criminal charges. Mariya requested the client provide their text message history between D.S. and the complainant. Mariya carefully reviewed disclosure and had the client attend counseling. At the pre-trial, Mariya presented to the assigned Crown Attorney a series of text messages that contradicted the complainant’s utter threat allegations. Even though one of the assault allegations was recorded, Mariya was able to convince the assigned Crown Attorney to withdraw once D.S. entered into a peace bond. Thus, the Crown withdrew the Domestic Assault charge and the Utter Threat charge.

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