Why o why won’t domestic Crowns pull an unsupportable charge. Today, at trial on a domestic ABH, there was simply no evidence upon which any judge could convict. The judge knew it (she didn’t even want to hear my submissions before acquitting), the Crown knew it (he postured for what seemed like hours before petering out)… hell, even the court officers knew it (they told the client he was going home today, on a break). But the Crown carried it through to the bitter end.
Then I just got a call from someone else’s client, who wonders why his lawyer set a trial for him on a domestic assault, instead of having it pulled. He’s in custody, and will languish there for months before his trial. Called me for a second opinion. Why can’t his lawyer get the charge thrown out when the only evidence disclosed is notes in an officer’s memo book, and the complainant handed the Crown a letter saying it never happened, in open court at an early set date? I had to tell him that his lawyer probably isn’t incompetent; domestics don’t get pulled.