The King vs. The Defendant
SUCCESSFUL CASE DECISIONS
Assaults, Threats, and Harassment
In Canadian criminal law, there are several different types of assaults. The key element to any assault is that it involves an intentional act of violence towards another person, without their consent.
Sexual Assault and Sexual Offences
Sexual assault charges can arise in a multitude of factual circumstances, and can range from sexual assault with a weapon, causing bodily harm, or aggravated sexual assault.
Child Pornography and Luring Offences
Child pornography related offences can include allegations of possessing, making, or distributing such materials.
Drug Offences
Drug offences are taken very seriously and thus are governed by their own legislation called the Controlled Drugs and Substances Act.
Firearms and Weapons Offences
The use and possession of firearms carry strict requirements for it to be lawful.
Property Offences: Theft, Fraud and Related Offences
There is a wide array of property related offences which commonly include theft, mischief, and possession of stolen property.
Murder and Manslaughter Offences
These are the most serious offences you can be charged with and they carry a potential consequence of life in jail.
Driving Offences
These charges are relatively common and can have serious impacts on your daily life and employment.
Release Conditions, Probation, and Conditional Sentences
Upon being criminally charged, you may have been released either on an appearance notice, undertaking, or release order.
Release and Bail
Bail is a critical turning point in your case; it can impact your ability to prepare a defence and continue living your normal life until your matter is dealt with by the courts.
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R. v. Z.H.
My client was charged with sexual assault, section 271 of the Criminal Code. A conviction typically would have meant the client would be sentenced to federal time in jail. The client pled guilty, and I was able to negotiate with the prosecutor for house arrest, no real jail. This was a spectacular outcome for the client, and very atypical.
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R. v. A.V.
My client was served with a notice for a firearms hearing. I worked to have the application dropped and the client was able to obtain his firearms back.
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R. v. A.V.
My client was charged with one charge of assault and one of uttering threats. This was domestic related. I worked to have both charges withdrawn (dropped) and the client agreed to a peace bond. This left my client with no criminal record and no conviction.
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R. v. T.U.
My client was charged with criminal harassment. I was able to negotiate that the charge be withdrawn and the client would agree to a peace bond. This left my client with no criminal record and no conviction for the criminal harassment.
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R. v. E.T.
My client was charged with assault that was domestic. At first, the prosecutor agreed to a peace bond, but then later I was able to secure a withdrawal (dropping) of the charge without a peace bond. This left my client without a criminal record and without a conviction.
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R. v. C.G.
The client was charged with domestic assault and forcible confinement. I worked with the client to have him complete some counselling. I then negotiated with the prosecutor a withdrawal (dropping) of the charges and the client agreed to a peace bond. This left my client with no record and no conviction.
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R. v. T.F.
The client was charged with domestic assault. I worked with the client to have him complete some counselling. I then negotiated with the prosecutor a withdrawal (dropping) of the charge and the client agreed to a peace bond. This left my client with no record and no conviction.
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R. v. E.A.
The client was charged with two charges of assault with a weapon, section 267(a) of the Criminal Code. This was a dispute between a contractor and a neighbour. I worked with the client and though there was a related record for assault offences, I was able to negotiate with the prosecutor to have the charges dropped, and the client would agree to a peace bond. This meant the client would have no criminal record and no conviction.
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R. v. F.A.
The client was charged with one charge of theft under $5000.00 (shoplifting). I worked with the client to have the file referred to the Alternative Measures Program. The client completed the requirements of the program, and the charge was dropped (withdrawn). This left the client with no criminal record and no conviction.
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R. v. M.R.
The client was charged with domestic assault. I worked with the client to have him complete some counselling. I then negotiated with the prosecutor for an outright withdrawal (dropping) of the charge. This left my client with no record and no conviction.
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R. v. C.A.
My client was charged with one count of sexual assault (section 271 of the Criminal Code). The client pled not guilty, and the file was set for a trial at the Court of Justice. I worked on the file for a lengthy period of time before that plea was made. Then I extensively prepared for the trial. The first day of trial, an issue came up for the prosecutor where they had new disclosure which would have resulted in an adjournment of the trial, and issues as to delay. Given that, the prosecutor agreed to withdraw the charge, and the client entered into a peace bond. This left my client with no conviction, and no criminal record.
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R. v. Z.S.
My client was charged with assault causing bodily harm. This was a serious allegation and arose when the parties were fighting. At first, the prosecutor said that they wanted the client to plead guilty and offered probation. I was able to convince them to drop the charge, and agree to a peace bond. This left my client without a criminal record and without a conviction.
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R. v. J.A.
My client was charged with a sex based offence. The file proceeded with a preliminary inquiry which is a test run of the evidence before you move on to a trial at the Court of King's Bench. I worked extensively to prepare for the preliminary inquiry. During the preliminary inquiry, the testimony did not pan out how the prosecutor anticipated it would, which would mean that there likely would not be a strong case to go to trial. With that realization, the prosecution agreed to drop the charges and agreed that the client could enter into a peace bond. The charges were dropped. This left the client without a criminal record and without a conviction, a great result considering that if convicted, the client would have faced jail time.
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R. v. Y.S.
My client was charged with several charges involving sexual interference with minors. My client had another lawyer for his bail hearing, and he was detained. I worked with the client to conduct a bail review. I was able to convince the prosecutor assigned to the review to consent to release my client so that would mean he would be out on bail pending a trial.
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R. v. D.S.
My client was charged with one charge of assault. This was after an altercation at a grocery store. I worked with the client and did a thorough review of the evidence, and I was able to convince the prosecutor to withdraw (drop) the charge outright. This left the client with no conviction and no criminal record.
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R. v. C.E.
This client was charged with several charges including assault and two charges of assault by choking. This was a very serious allegation and a conviction would have had serious consequences for the client for his future. I completed an extensive review of disclosure (the evidence against my client) and as well, gathered information and documentation to put together a strategy for negotiating with the prosecutor. I did so, and after a careful review of what I provided, the prosecutor dropped (withdrew) all three charges. This left my client with no criminal record and no conviction.
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R. v. A.S.
The client was charged with one count of domestic assault (section 266 of the Criminal Code). Any criminal record or conviction would have impacted the client's employment. I worked with the client to obtain documentation and information to assist with negotiating with the prosecutor. Typically these types of files result in peace bonds, but I was able to convince the prosecutor to outright withdraw (drop) the charge against my client. This meant the client has no conviction and no criminal record.
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R. v. C.P.
My client was charged with one count of sexual assault (section 271 of the Criminal Code). A conviction for this type of offence would have had dire consequences for this client. I worked over the course of months and months with the client to gather information and documentation to be able to discuss the file with the prosecutor. I presented the prosecutor with a detailed outline of what the issues were with their case. The prosecutor agreed with my assessment that there was no reasonable likelihood of conviction, meaning, they could not prove their case. The prosecutor then withdrew (dropped) the charge against my client. This was of course the best possible result. My client was left with no conviction.
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R. v. S.S.
My client was charged with two charges of assault (section 266 of the Criminal Code). The allegation was that this was a bar fight. Over time, the prosecution decided that they would likely upgrade the charge for one of the assault counts to assault causing bodily harm. I discussed the file with the prosecutor and asked them to not upgrade the charge to the more serious charge. I had worked with the client to have them complete some counselling and other programs that would help me to resolve the file for them without having lasting impacts on their future. The prosecutor agreed that the appropriate sentence would be a conditional discharge. This was for one of the assault charges, and the other would be withdrawn. The client plead guilty, and was sentenced to the conditional discharge. This means that the client would have no conviction registered after three years.
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R. v. S.K.
This was an allegation of sexual assault, section 271 of the Criminal Code of Canada. The client stood to lose his employment if he were to be convicted of the charge. I completed a comprehensive review of the file. I worked closely with the client to obtain information and documentation from him that helped me to help him. I met with the prosecutor to review my concerns about the file. In the end, the prosecutor entered a Stay of Proceedings, withdrawing the charge. This left my client with no conviction and no criminal record.
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R. v. B.Q.
This was a file involving a complex file for which I was trying to get my client released on bail. Over the course of several weeks, I was able to get everything in place and provide the judge and the prosecutor with written submissions. Once I did that, when I appeared in court, the prosecutor said he would consent to my client's release. This was on the most minimal conditions possible considering the seriousness for the charges. The client therefore will not have to remain in custody pending a trial. My client was very pleased with the outcome, as was I, as it seemed an impossible result.
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R. v. M.O.
The client was charged with two very serious criminal offences: sexual interference and sexual assault against a minor. It was clear from the disclosure that the complainant lied about her age, and that the prosecution would not be able to prove that my client did not take reasonable steps to ascertain her age. To assist in the resolution of the matter, I gathered information from my client to support his position. I then completed a complex assessment of the file and met with the assigned prosecutor to discuss my findings. The prosecutor reviewed the documentation I provided, and confirmed entered a Stay of Proceedings (dropped the charges). This left my client with no conviction and no criminal record.
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R. v. W.L.
The client was charged with sexual assault. The charges laid against my client were serious and a conviction would have resulted in immigration issues. I reviewed all of the disclosure in detail and met with the prosecutor to discuss the case. I met with a prospective witness. I compiled everything that I had found out and met with the prosecutor to discuss the file. Based upon my review, I told the prosecutor that I did not believe that they had a reasonable likelihood of conviction. The prosecutor reviewed the file, and confirmed that there was no reasonable likelihood of conviction, and a Stay of Proceedings was entered. This means that the prosecutor withdrew the charge. This left my client with no conviction and no criminal record. As well, he did not face any immigration consequences.
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R. v. S.K.
The client was charged with assault by choking and intimidation. This was an incredibly serious allegation as it involved a domestic dispute. The complainant was left with significant bruising, and was in a vulnerable state medically. My client did an incredible amount of work at my request. This helped me to resolve what was a very serious allegation by way of a peace bond. The original criminal charges of assault by choking and intimidation were dropped (withdrawn), leaving my client with no criminal record and no conviction.
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R. v. D.B.
The client was charged with assault. The allegation was very serious because the complainant was a taxi driver and as such is considered vulnerable due to the nature of their work. I worked closely with the client and had him complete counselling and treatment to address addictions issues. Although at first the prosecutor was seeking a conviction for the criminal charge of assault, I was able to convince them to withdraw the charge, and accept a peace bond. This was a great result that was necessary to prevent any issues with my client's employment. The charge was dropped, and the client entered into a peace bond. This means my client will have no criminal record or conviction for the offence of assault.