Our client was charged with assault and uttering death threats against a sex worker. In this case, our client had retained the services of an escort in the Montréal area. During their meeting, the alleged victim appeared in the company of her driver. Our client had decided to put an end to the meeting since he was afraid for his safety. The alleged victim refused and a dispute broke out. Our client ultimately called 911 as a safety measure.
We then set a date for the trial. At the hearing, the alleged victim did not appear in court. The Crown then requested that the trial be postponed so they could take further steps to summon the alleged victim. It was their first request for postponement. We objected to the request for postponement by pleading the criteria set forth in the judgment of Darville, 1956, 116 CCC 113 CCC.
The court accepted our objection and the Crown had no choice but to declare that they had no evidence to offer on the charges against our client. Our client was then acquitted.