2025
The Importance of an Alibi in the Defence of an Assault Case

The word alibi is derived from Latin, meaning “elsewhere.” Canadian law has strong roots in English law, and that is why many Latin words and phrases are used in legal language. While the word has also come into common parlance and is used freely in all kinds of contexts, it has a specific meaning in law.
In law, an alibi is often used as part of a defence strategy, both for assault cases, and many other types of criminal cases. We mention it, here, in relation to assault cases, because Gagan Nahal defends many assault cases in his law practice.
In the context of a legal defence, an alibi means the person charged is claiming he or she was not at the scene of the crime. Of course, just saying that he or she was “elsewhere” would not typically be enough. The defence would have to show evidence supporting that claim.
For example, suppose an assault took place between four and six p.m. on a Thursday afternoon in front of a restaurant. If the accused says that he/she was in another city, and can furnish gas receipts, showing that he/she filled up the vehicle and drove there, and there is video tape clearly showing him/her paying for gas, then that would be part of the alibi.
Other evidence supporting this alibi claim might be receipts from a motel the accused stayed in, plus videotape of the person in the lobby at 5p.m. For the sake of discussion, let us assume that the city where the accused claims to be is a 6-hour drive from the city where the crime took place. Let’s also say that the accused visited a Canadian Tire earlier that same day near the motel where he/she bought some potted plants. And now the defence also has store videotape showing the accused paying the cashier with some potted plants in tow.
After the shopping, and checking into the motel, there is time-stamped video of the accused at his aunt and uncle’s house having dinner and giving them the plants as gifts and further staying and playing cards until midnight before returning to the motel where he/she is filmed again.
In summary, the defence has the following:
Statement from the accused that he was not at the scene of the crime. Gas receipts and time-stamped video documenting where he was traveling, which was nowhere near the crime.
Receipts from Canadian Tire + time-stamped videotape confirming the story and timeline. And also sworn testimony from a Canadian Tire employee who witnessed the purchase. The timeline covers the time when the assault took place.
Receipts from motel + time-stamped videotape confirming the story and timeline. And sworn testimony from the motel front desk clerk who witnessed the check-in, identifying the accused. This also covers the time when the assault took place.
Documentation, sworn statements, and videotape covering the rest of the same evening.
There is also corroborating evidence with the mileage driven on this trip from the odometer, and the accused’s cell phone hitting the right cell towers to confirm that he and his phone traveled where he says he did.
This, above, is a very good alibi. It is supported from all angles and shows that the accused was nowhere near the crime. When an alibi is as extensive and well documented as this, sometimes charges can be dropped. And if they are not dropped, then this version of the story offers very compelling doubt as to whether this accused would have been capable of committing this particular crime.
When alibis this strong are shown to the Crown, very often, charges will not be laid in the first place, or if they have been laid, they may be withdrawn. A weak alibi is no more important than any other piece of weak evidence. However, a strong alibi trumps other kinds of evidence and becomes critically important in assault cases, and all other criminal cases as well.
If you have been charged with Assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law.
Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.
If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.