Domestic Assault - Charge v. Conviction| Jeffrey F. Mazin

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Domestic Assault - Charge v. Conviction
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Domestic Assault Charge v. Conviction It is
important to recognize that in Canada there is no
specific offence of domestic assault in the
Criminal Code . Domestic assault falls under the
sections of the Criminal Code which deal with
various types of assaults (Sections 265 and 266).
If you are charged with domestic assault, it
appears as simply an assault charge. It is also
important to understand that there is a
significant distinction between being charged
with domestic assault and being convicted of it.
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In circumstances of alleged domestic assault, it
is up to the police to determine whether to
arrest you. The police must have reasonable and
probable grounds (RPG) to do so which means that
those grounds must be objectively justifiable. In
other words, a reasonable person placed in the
position of the police officer must be able to
conclude that there were reasonable and probable
grounds for the arrest. Once you are charged,
the Crown Attorney (prosecutor) then determines
whether to prosecute your case on the basis of a
reasonable prospect of conviction (RPC) . That is
to say, whether there is sufficient evidence in
relation to the assault to support a finding of
guilt against you. This is known as
screening your charge. If there is insufficient
evidence against you, the Crown Attorney may
decide to drop thecharge.
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Diversion In circumstances where this is your
first charge of domestic assault and there are no
additional allegations of violence against your
partner, you may be eligible for diversion . The
diversion program diverts you out of the court
system and requires you to accept full
responsibility for your actions. Once you have
done so, you must then compensate or make
restitution for your crime in one or more of
the following ways, following which the charge
against you is withdrawn ? Attending and
completing a Partner Assault Response (PAR)
counseling program? Completing Community Service
Hours? Providing an apology letter? Making a
charitable donation? Participating in an youth
education program related to the effects of
domestic assault
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Forms of Evidence In addition to witness
testimony (the complainant, accused, and any
other potential participants or witnesses),
additional forms of evidence in a sexual assault
case include Physical Evidence To prove the
identity of the accused, bodily fluids, skin/hair
samples, and other DNA-related material may be
used as evidence. In cases where both the
complainant and accused agree that a sexual act
occurred, the physical evidence is less
important. Photographic and Video Evidence The
widespread adoption of cellular and smart phones
has increased the use of digital photography and
video evidence in sexual assault cases. In fact,
some convictions have resulted from a video
recording made by the accused of an unconscious
complainant.
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