Recent Cases from our Criminal Lawyers
The cases showcased on this page represent those managed by Batting, Wyman Barristers. We use lettered aliases instead of actual client initials to preserve client confidentiality and uphold solicitor-client privilege. It’s important to note that these cases are just a sample of the numerous successful defences mounted by our firm; many other cases are not featured here. The case outcomes are updated periodically, so they may not reflect the most current information.
Reviewing the cases handled by Batting, Wyman Barristers offers valuable insights into various legal principles and the strategies employed in specific cases by our criminal lawyers in Calgary. It shows how our experienced team approaches and resolves complex legal challenges, demonstrating our commitment to effective and diligent legal defence.
Resolution
Sexual Assault Recent Cases
Favorable Resolution
C.M.
Mr. M got in touch with our office when he was contacted by the RCMP regarding a historical sexual assault with a minor. As is standard for our office, we advised him to provide no statement whatsoever. He followed our advice and said nothing. After receiving the relevant disclosure material from the Crown, he instructed us to speak with the prosecutor vis a vis resolution as he did not want to put the complainant through a trial. Though the Crown originally wanted jail, a creative resolution was reached on account of relevant offence date. As the offence took place prior to Criminal Code amendments that occurred in 2015, it was pointed out that a conditional sentence order was an available sanction. After taking into consideration the considerable counselling our client had conducted, a plea deal was brokered in which the client would avoid a custodial sentence. While the sentencing judge was clearly not thrilled with this very lenient disposition, Mr. M. was able to maintain his freedom.
Resolution
Sexual Assault Recent Cases
Favorable Resolution
E.S.
This was a youth matter where our office was retained to represent the young person who had been charged with 2 counts of sexual assault. The complainant in the matter was our client’s ex girlfriend. After the two of them had a nasty break up, the complainant went to the police alleging prior instances of non-consensual sex. The case was complicated by the fact that the two had exchanged text messages following one of the instances where the client admitted that the complainant was saying “no” and “stop” but he proceeded with the sexual encounter regardless. As the Criminal Code requires that an accused obtain informed, communicated consent, this was very problematic. In the end, Mr. Wyman was able to persuade the assigned crown that a probationary sentence would meet the aims of justice. The presiding judge reluctantly agreed, noting that such files typically result in incarceration.
Withdrawn
Domestic Assault Recent Cases
Charges Withdrawn
B.Z.
Ms. Z. was referred to our office by a well-respected family law firm in town. Amidst the pandemic, the client, her husband, and their 2 children had been spending considerable time in their home. During one of their children’s in home piano lessons an argument started between Ms. Z. and her husband. The heated verbal altercation ultimately became physical and the police were called. Ms. Z. was charged with assault and given release conditions that prevented her from residing in the family home. Subsequent to this, her husband obtained an emergency protection order that barred her from having any contact with her children. Mr. Wyman was able to work with family lawyers as well as the prosecution in order to have the no-contact clause with the children deleted. Further, a resolution was put together whereby the charges were withdrawn following the completion of anger management counseling.
Criminal
Record
Domestic Assault Recent Cases
No Criminal Record
J.S.
Mr. S. was a Calgary Firefighter who had been charged with domestic assault allegations. The charges were laid following an incident on Christmas eve where he threw his wife to the ground and kicked her dozens of times. The client had no recollection whatsoever of the incident. Mr. Wyman enlisted the assistance of a forensic psychiatrist who was able to establish that Mr. S. suffered from extreme PTSD. A treatment plan was implemented which our client followed meticulously. After concluding the program Mr. S. and his family were in a far better place. Especially so after the Crown withdrew the charges against him.
Criminal
Record
Assault Recent Cases
No Criminal Record
C.M.
Our client, a successful entrepreneur and Chartered Accountant, was charged with assault and dangerous driving as a result of a “road rage” incident which took place during rush hour downtown. It was alleged that C.M. took issue with driving of a fellow motorist, exited his vehicle at a red light, punched him and challenged the driver to a fight. When the complainant took off, it was then alleged that the client chased him for several blocks until the police ultimately intervened. C.M. partook in anger management counselling and ultimately resolved the file for a common assault. While jail is the norm for any road rage incident, Mr. Wyman was able to persuade the presiding judge to impose an absolute discharge. This result ensured that the client retained his unblemished criminal record.
Withdrawn
Assault Recent Cases
Charges Withdrawn
B.B.
Another repeat client, Mr. B. was charged out of Fort Saskatchewan with assaulting a peace officer. After a night of drinking it was decided that a friend would drive Mr. B.’s truck home. While on route the truck was pulled over by officers and an impaired investigation was conducted. During the incident, our client exited his vehicle to have a cigarette. He then made the unfortunate decision to intervene. The officers directed him to get back in the vehicle several times and he refused. When he did not they attempted to place him under arrest and it was alleged that he assaulted the officer. Mr. B. had no criminal record and was now facing a jail sentence. Here, the legal argument focused on whether the client was arrestable in the first place. It was argued that the client was certainly being belligerent to the officers yet this did not provide sufficient grounds to legitimize the arrest. As the arrest was unlawful, it was argued that the altercation with the officer ought be excluded from evidence. In the end the Crown agreed and withdrew the charges without the need for a trial.