Courthouse: Ontario Court of Justice Hamilton
Counsel: Brennan L’Estrange
Date of Judgment: July 21, 2026
Background:
Mr. A was a youth who was charged with one count of aggravated assault in relation to an altercation that occurred in a parking lot beside his place of worship. His brother had been chased there from their place of worship by three assailants. Mr. A was notified of this by his father and arrived on scene to see his brother backing up while being approached by three assailants, one of whom had what he believed was a knife in his hand. He threw one punch in defense of his brother, which unfortunately resulted in unforeseeable serious injuries to the complainant. At the time of trial, Mr. A was a high achieving young man in his early years of university. Had he been convicted, a youth criminal record would have had devastating consequences for his immediate career opportunities.
The Issue:
At trial, Counsel Brennan L’Estrange spent multiple days cross examining the complainant and the Crown’s witness, the complainant’s friend who had also been involved in the initial altercation. Both witnesses, and especially the complainant, were combative and hostile. Their versions of events were inconsistent with the evidence found on scene by police, and their testimonies in court had changed significantly in comparison to their original statements to police. There was also evidence of collusion, as their testimonies has changed to be far more similar than their initial police statements. Further, there was a motive to fabricate, as the complainant was open about his intent to pursue a civil remedy for his injuries following the trial. The judge took serious issue with the credibility of both of their testimonies due to these issues.
Result:
Counsel Brennan L’Estrange also prepared Mr. A and his father to testify to the truth of what had occurred that day. The judge believed both of their evidence, and found that Mr. A had acted lawfully in defence of his brother. As a result, Mr. A was found not guilty of aggravated assault and is free to continue to pursue his bright future unimpeded by a youth criminal record.