Our client was charged with Assault Causing Bodily Harm after he was identified as a participant in a road rage incident where he was alleged to have punched the other person and knocked him to the ground resulting in a brain injury. We raised a number of legal issues with the Crown including defences of “consent fight” and “self defence”. The Crown wouldn’t accept any of our arguments and the case was set down for trial. Before we got to the trial date, we scheduled a Charter argument alleging that our client was denied his right to a trial within a reasonable time. The court agreed with our arguments despite the vigorous opposition from Crown. The Judge directed a Stay of Proceedings.
RESULT: no trial, no criminal record