Free 30 minute consultation

Get help now!



* All identifying information has been edited to protect client confidentiality.

Domestic Assault: Assault contrary to section 266 of the Criminal Code of Canada.Mischief: Damaging property contrary to section 430(4) of the Criminal Code of Canada.
A woman Oliver was seeing discovered that he had another girlfriend. The woman destroyed some of Oliver’s belongings in the apartment they shared. 911 was called. When the police showed up, the woman claimed that Oliver had broken down a door and kicked her several times.The charges were very serious for Oliver. Despite not having a previous criminal, Oliver faced possible deportation from Canada and the certain loss of his job if he was convicted.
Oliver was adamant that he never assaulted the woman. We worked with Oliver to get background information on the complainant for use in cross-examination. The key areas for the cross-examination of the complainant included:

  • Jealousy and revenge as motives to fabricate the allegations.
  • Her desire not to be charged herself with a criminal offence as a motive to fabricate the allegations.
  • Her inconsistent version of events.
  • Her attempts to get financial compensation from Oliver.
  • Altercations the complainant had with other people.

Oliver was also prepared extensively on how to effectively testify at trial.

At the trial, Brett McGarry’s cross-examination of the complainant revealed inconsistencies and fabrications in the complainant’s testimony. Mid-way through Brett McGarry’s cross-examination of the complainant the Crown agreed to withdraw all the charges. Oliver did not have to testify and all the charges were dismissed.
Brett McGarry Criminal Law
200 Elgin Street, Suite 800 Ottawa, Ontario , Canada K2P 1L5
Phone: 613-884-8576 URL of Map