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| Lawyer Simard sometimes defends clients in Valleyfield |
The complainant and the accused were both residents of the same institution in Valleyfield. The complainant called the police because she claimed that the accused had shoved her to make her get out of her way. There were two other witnesses on location. As for the accused, she claimed it was merely a little push to get through the hall.
According to her, the complainant then began to scream and complain about this gesture. Our client was charged with simple assault (Sections 265 and 266 of the Criminal Code). She hired Mr Simard to defend her.
All those who were present during this incident testified at the trial. During the pleas, our criminal lawyer invoked a principle that is rarely used in criminal law: de minimis defence. He claimed that although the complainant had been shoved, it was too insignificant a gesture to find the accused guilty of assault. Mr Simard submitted 7 cases of jurisprudence from Quebec and Canada court cases to support his claim.
The Judge acquitted the client.
Sometimes Mr Simard’s clients are found guilty. See notice.
