CHARGES REDUCED AFTER WITNESS SHREDDED AT PRELIM

Often a client is accused of numerous offences, when only half of the information underlying the charges is true, whereas the other half isnt. In this particular case, the client was accused by his wife of shooting her with a BB gun. The assault caused small welts. The client was prepared to admit that he did this act and go to a sentencing hearing. However, the client was also falsely accused by his ex-wife of rape. Perplexingly, she alleged that they had consensual sex hundreds of times both before and after this alleged rape, but that on one night, she said no and he forced himself upon her. This allegation, of course, was only made once he filed for child custody. It is unfortunately not unusual for one spouse to attempt to use the criminal justice system against the other to gain an advantage in their family law forum. Thus, the client was in a difficult position. The Crown was not willing to offer any deals unless it involved a plea to the sexual assault; the client, however, was innocent of this charge. Thus, a preliminary inquiry was set. After Mr. Lewandowskis cross-examination the complainants story fell apart. The charge was dropped, and the client pled guilty to a simple assault causing bodily harm. The initial Crown position for all charges was 3 years. The final result: 90 days served on weekends.