Our client was recently found not guilty of criminal charges for assault causing bodily harm, after a trial in Ottawa.

There was an argument outside a bar. A man was punched in the face by a stranger.  He was knocked out and his nose was broken. The victim later identified our client on Facebook and alleged that he was the assailant.

The victim’s description of his assailant resembled our client, but it also differed in some important ways. The judge ruled that the identity of the assailant was not proven beyond a reasonable doubt and acquitted our client.

In acquitting our client, the judge recognized the inherent weakness in eyewitness identification evidence. As the Supreme Court of Canada stated in R. v. Burke: “The cases are replete with warnings about the casual acceptance of identification evidence even when such identification is made by direct visual confrontation of the accused. By reason of the many instances in which identification has proved erroneous, the trier of fact must be cognizant of the inherent frailties of identification evidence arising from the psychological fact of the unreliability of human observation and recollection.”

Ottawa Criminal Lawyer

Charged with assault in Ottawa? Contact Brett McGarry to discuss the best strategy for your case.