R. v. C.M – Identification of offender not proven

Our client was charged with Assault Cause Bodily Harm and Assault in relation to a bar fight in which one of the victims was seriously injured as a result of being hit in the head with a beer bottle. We were able to convince the Crown Attorney that considering the commotion inside the bar at the time, the number of people involved in the fight, the poor lighting inside the bar and the fact that all the witnesses appeared to be intoxicated, it was extremely unlikely that it could be proven that our client was the individual who had committed the assaults in question. The charges against our client were withdrawn prior to trial.