Domestic Violence with a Reluctant Victim
Scenario Narrative
At 21:42 hrs on a Friday evening, police dispatch receives a 911 hang-up from 456 Maple Crescent. Callback attempt rings through with no answer. Officers PC 134 Smith and PC 207 Brown are dispatched Code 2.
Upon arrival, officers hear muffled yelling inside. A female answers the door with swelling and redness around her left cheek. She says, “I fell down the stairs, I don’t need you here.” She appears nervous and avoids eye contact. A male, later identified as John Doe (DOB 1986-07-14), is in the background, shirtless, smelling strongly of alcohol, and shouting “Get out of my house!”
Neighbors approach officers and state they heard loud crashing and a female screaming “Stop!” prior to the police arriving.
2. Police Response – Step by Step
Officer Safety: Officers enter and separate male and female. Backup requested.
Victim Care: EMS is called for female’s injuries.
Witness Statements: Neighbors provide direct observations.
Arrest: Male is arrested for Assault (s. 266 CC) based on injuries, witness evidence, and officer observations.
Charter/Police Cautions: Suspect informed of arrest, Charter rights (s. 10(a)(b)). Declines to speak.
Evidence: Photos of victim’s injuries taken, neighbors provide written statements.
Release Conditions: Suspect held for bail hearing due to alcohol involvement, victim vulnerability, and risk of re-offending.
3. Sample Police Report (Canadian Style)
Occurrence Report – Domestic Assault
File: 2025-123456
Date/Time: 2025-09-04, 21:42 hrs
Location: 456 Maple Crescent, City of X
Reporting Officer: PC 134 Smith
Assisting Officer: PC 207 Brown
Narrative:
On 2025-09-04 at 21:42 hrs, I, PC 134 Smith, was dispatched with PC 207 Brown to 456 Maple Crescent for a 911 hang-up. Upon arrival, I heard muffled yelling inside the residence.
A female, later identified as Jane Doe (DOB 1990-03-22), answered the door. I observed visible swelling and redness to her left cheek. She appeared visibly upset, nervous, and avoided eye contact. Jane initially stated, “I fell down the stairs.” I noted this explanation was inconsistent with the nature of the injury.
Behind Jane, a male, later identified as John Doe (DOB 1986-07-14), was observed shirtless, agitated, and shouting, “Get out of my house!” I detected a strong odor of liquor on John’s breath and noted slurred speech and unsteady balance.
While on scene, two neighbors (Mr. Paul White, DOB 1974-09-10, and Ms. Mary Green, DOB 1982-01-12) approached officers. Both stated they heard loud yelling, banging noises, and a female voice screaming “Stop!” approximately 5–10 minutes prior to police arrival.
Based on observations, victim injury, and witness statements, I formed reasonable grounds to believe that John Doe assaulted Jane Doe, contrary to s. 266 CC.
At 21:55 hrs, I advised John Doe he was under arrest for Assault. I provided him with the following:
Charter s. 10(a): Informed of reasons for arrest.
Charter s. 10(b): Informed of right to counsel.
John stated, “I’m not saying nothing.”
John was searched incidental to arrest and transported to City Detachment without incident. No weapons located.
Jane Doe was provided victim services contact information and attended hospital for medical assessment of facial injuries.
Photos of Jane’s injuries were obtained (filed under Exhibit A). Witness statements obtained from White and Green (Exhibits B & C).
Due to the seriousness of the offence, alcohol involvement, and ongoing risk to the victim, John Doe was held for a bail hearing.
Charge(s):
Assault, s. 266 CC
Disposition:
Suspect lodged at City Detachment cells.
Victim referred to Victim Services.
File forwarded to Crown for bail hearing.
Report Completed By:
PC 134 Smith #4567
Badge: 134
Signature: [Signed electronically]
4. Legal Analysis – Elements of Assault (s. 266 CC)
Section 266 CC:
Everyone who commits an assault is guilty of
an indictable offence and is liable to imprisonment for a term not exceeding five years; or
an offence punishable on summary conviction.
Elements the Crown must prove:
Application of force: Direct (striking) or indirect (causing injury).
Here: visible swelling/bruising on Jane’s face.
Without consent: Victim need not explicitly state lack of consent; circumstances and injury suffice.
Here: witness heard “Stop!” → no consent.
Intentional act: Not accidental.
Agitation, intoxication, yelling, physical evidence show intent.
Note: Victim reluctance does not negate the offence if other evidence establishes the elements. The Crown proceeds “in the public interest.”
5. Training Value
Key Lesson: Police are not dependent on victim cooperation; independent grounds (injuries, witnesses) allow arrest and charge.
Report Writing: Precise details, clear articulation of observations, and Charter compliance are critical to withstand court scrutiny.
Law Application: Officers must know s. 266 CC and their arrest powers under s. 495 CC, plus mandatory domestic violence policy.
