Robb MacDonald is an expert
serving those in
and the surrounding
regions. If you’ve been accused of
, you need a Toronto criminal lawyer at your defence to fight the charges.
When an allegation is made that you are abusing your spouse or intimate partner, you may be charged with domestic assault. Domestic assault, also known as spousal assault, is the use of physical force with the intent to harm a spouse, loved one or cohabitant. Domestic assault / spousal assault is a very serious crime to be accused of in Canada.
If you are currently being investigated for, or have been accused of or formally charged with this type of assault, it is in your best interest to retain a knowledgeable . A criminal defence lawyer will strengthen your case by using his experience, skill, education and superior knowledge of Canada’s criminal law when defending your case before a judge in the Ontario courts.
If you are convicted of domestic assault, you may face jail time, restitution, fines, probation, counseling and a criminal record. A criminal record impacts your ability to travel and work in certain types of positions.
Domestic assault cases often involve no witnesses other than the accused and the complainant. Typically, they are “he said, she said” cases. As a result, domestic assault cases have been profoundly affected by the decision in R v. W (D)  1 S.C.R. 742 in which, Justice Cory of the Supreme Court of Canada described the process that the trier of fact must go through in order to determine guilt. In that case, Justice Cory described the correct charge to a jury in cases involving credibility of witnesses. Justice Cory explained:
A trial judge might well instruct the jury on the question of credibility along these lines:
This decision has had a profound impact on how “credibility” is assessed in Canadian Criminal Courts. The decision has had a profound impact on how evidence is weighed in domestic assault cases.
Whenever someone faces accusations of domestic violence, the Courts will usually impose immediate conditions that prevent the Accused from having contact with his family members. This is often the case even when the accused’s spouse and / or children seek to have contact with the accused. As soon as these charges are laid, a defence lawyer must quickly assess whether or not family members desire to have contact with the Accused pending resolution of the charges. If defence lawyers do not act promptly, conditions may be put in place that effectively banish an Accused from his home and segregate him away from his family.
I would like to thank Mr. MacDonald because you worked really hard on this case, over months, and to achieve a really good outcome for your client, and you were professional and wonderful at every stage and I thank you for that.
I cannot leave this case without telling counsel that, as I’m entering a third decade as a judge on this bench, I can count on one hand the number of times I have said what I’m about to say to counsel. Gentlemen, your courtesy, your civility and your professionalism with one another and to the Court in these proceedings is, in my view, a testament to your considerable skills as advocates.
I Feel Like I Owe My Life to Robb. I lost my fiancé, my job, and almost my house when I was first charged with these crimes. It felt like no one stood by me. As soon as I met Robb I had the utmost confidence in him and I knew he was the man for the job. He spent countless hours preparing me for the trial. During the trial, he performed an outstanding cross examination on the man who’d accused me of these crimes. At the end of Robb’s cross examination I knew that no one in the court room believed his side of story. Robb was nothing short of a life-saver.
I had given up hope. I thought there was no way to beat my charges. I spoke to other lawyers before meeting with Robb MacDonald and I was strongly considering entering a guilty plea. When Robb looked at my case, he suggested that we bring a Charter Argument. I didn’t even know what that was. We spent a whole day in court and Robb and the Crown Attorney argued about whether or not my Charter Rights had been violated because I had to wait so long for my trial date. At the end of the day, Robb’s arguments convinced the judge to stay all the charges against me.