Case Success: Client Avoids Aggravated Assault Conviction

Aggravated assault in Canada is an Assault that results in the wounding, maiming, disfiguring, or endangers the life of the complainant. The level of injury inflicted on the victim, along with the personal circumstances of the accused, will likely determine the length of the jail sentence imposed by the judge. Being convicted of aggravated assault in Canada carries a very significant penalty. Depending on a variety of factors a sentence for aggravated assault can be as high as 14 years.

Mr. Tyler Laberge was charged with aggravated assault charges in relation to alleged assault on his 4-year old step-daughter. The police alleged that the child sustained life altering injuries as a result of Mr. Laberge’s actions. This was a complex case involving expert evidence, medical records, and the testimony of numerous witnesses with specialized medical training including nurses, doctors, and surgeons.

In a trial that took place during the covid-19 pandemic, Calgary Defence Lawyer Yoav Niv secured an acquittal on the aggravated assault charge. This was a high profile win that was report on by the CBC. Provincial court Judge Terry Semenuk issued an 82-page decision acquitting Mr. Laberge who had testified that the child was injured when she fell in the bathtub. The judge called Laberge “articulate” and said the evidence he gave was “reasonable and consistent.”

Following Mr. Laberge’s acquittal on the aggravated assault charge, the Crown appealed the decision. A conviction appeal deals with the decision of the lower court in relation to a finding of guilt. The Crown was successful in the appeal.

Mr. Laberge was subject to a second new trial on the aggravated assault as a result of the successful Crown appeal.  Following significant negotiations with the Crown, Yoav Niv was able to secure a significant result for Mr. Laberge. The Crown agreed to allow Mr. Laberge to plead guilty to failing to provide the necessaries of life and that Mr. Laberge would serve only 2 years in a federal penitentiary. He was facing 6-8 years on the charge of aggravated assault had he proceeded to trial as planned.

Overall, Mr. Laberge was able to avoid a very serious charge of aggravated assault.

The successful outcome was reported on here.