Richard C.C. Peck, K.C., Eric V. Gottardi, K.C., and Lee Vandergust secured an acquittal for their client on a public mischief charge. The client reported to the police that his foot was run over in a hit and run, but was then suspected of having committed public mischief. Counsel argued that the client’s foot was indeed run over and that at no point did the client intend to mislead the police.
The trial judge found that the reports to the police were not intentionally misleading. Though an acquittal could have been awarded on that basis alone, the judge went on to find that he was satisfied beyond a reasonable doubt that the client’s foot was run over. The judge acquitted him on both of those bases. The reasons for judgment are available here.