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. 

Case Decisions

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.

  • R. v. A.S.

    The client was charged with domestic assault. After receiving and reviewing the evidence (disclosure), I reached out to the prosecutor and told them what my concerns were about the file, in particular, that there didn’t appear to be any reasonable likelihood of conviction. The prosecutor agreed and withdrew the charge against the client on the first court date. This left the client without a criminal record and without a conviction.

  • R. v. J.S.

    The client was charged with theft under $5000.00 (shoplifting). Initially, the prosecutor was not open to resolving the matter to leave the client without a conviction/criminal record. I worked tirelessly with the client to gather all of the information and documentation I needed to approach the prosecutor again. When I did so, I managed to negotiate an outright withdrawal of the charge against the client. This left the client without a conviction and without a criminal record.

  • R. v. L.R.

    The client was charged theft under $5000 (shoplifting). The client had a very good defence against the charge. Despite that, the prosecutor was only willing initially to refer the case to the Alternative Measures Program. That would have been a fine result, as the client would have completed the requirements and the changed dropped. However, I convinced the prosecutor to outright withdraw the charge (drop the charge). This was the result my client wanted as there would have been immigration and employment consequences with a criminal record. This left my client without a conviction and without a criminal record.

  • R. v. D.C.

    The client was charged with two charges of assault. The allegations were serious because they involved an assault at a train station on strangers. I worked with the client to obtain some information and documentation that helped me with my negotiations with the prosecutor. I met with the prosecutor and they agreed to refer the charges to the Alternative Measures Program. Once the client completed all of the requirements of the program, I appeared in court on the client's behalf and the charges were both dropped. This left my client without convictions and without a criminal record.

  • R. v. A.M.

    The client was charged with two charges of each of sexual assault, sexual interference with a minor, assault, and one charge of forcible confinement. There were some unique defences that might have been available to the client. The client elected to plead not guilty and we set the matter for a trial date. I worked through the file in preparation for the trial. I had a pre-trial conference with the prosecutor and a judge about it as well. In the end, just prior to the trial, the prosecutor decided to drop ALL of the charges against my client. This was an amazing outcome, of course, as it left my client without a criminal record and without a conviction and without serving any time in jail.

  • R. v. T.B.

    The client was charged with two charges for possessing firearms in an unauthorized place, two charges of assault, and one charge of assault causing bodily harm. After reviewing the disclosure and discussing the issues I found within the disclosure with the prosecutor, namely, that there were significant issues with their ability to prove any of the firearms charges against my client because his rights were violated by the police, and if we went to trial, I expected the judge would exclude that evidence. Regarding the assault charges, there were issues with the prosecutor's ability to prove the assault causing bodily harm, and one of the counts of assault. In the end, the client gave me instructions to enter a guilty plea to the one count of simple assault (domestic) for a conditional discharge. This will leave my client without a conviction and without a criminal record when originally, he would have faced jail time.

  • R. v. C.N.

    The client was charged with sexual assault. This was a serious allegation involving one other person who was also charged with the same offence. The complainant alleged that they were drugged and sexually assaulted. There were serious issues with the credibility of the complainant's version of events, as well as the reliability of their evidence. The client would have faced a lengthy jail sentence if convicted. The client entered a not guilty plea and we had the matter set for trial. Just prior to the trial date, the prosecutor withdrew (dropped) the charge against my client. This left my client without a criminal record and without a conviction.

  • R. v. C.C.

    The client was charged with break and enter. The charge was serious as it involved a bank. The police had surveillance on the client and the co-accused. Typically these types of offences would mean a penitentiary jail sentence. The client gave instructions to resolve the matter. Initially the prosecutor was looking at a lengthy jail sentence, however, I was able to negotiate a resolution with the prosecutor that left the client without actual jail. Instead, the client was sentenced to house arrest. He was able to continue working and enjoying life instead of having to serve a jail sentence.

  • R. v. W.S.

    The client was charged with assault. The allegation was serious as it involved an elderly complainant. After working closely with the client I was able to negotiate a resolution whereby the client was referred to the Alternative Measures Program. Once the client successfully completed the program, the charge was dropped (withdrawn), leaving the client without a conviction and without a criminal record.

  • R. v. P.L.

    The client was charged with a serious allegation of domestic assault. I worked closely with the client to have him complete some tasks which helped me to negotiate the best possible resolution for the client - a complete withdrawal of the charge - no peace bond, no conviction, no criminal record.

  • R. v. G.S.

    The client was charged with a serious allegation of domestic assault. Typically these types of files do not result in an outright withdrawal of the charge without a peace bond. However, I was able to have the client complete extensive work for me to be able to negotiate the full withdrawal of the charge - no peace bond, no conviction.

  • R . v. K.T.

    The client was charged with assault in a domestic related matter. The allegation was witnessed by independent witnesses. However, I was able to convince the prosecutor to outright drop the charge. This left my client without a conviction and without a criminal record.

  • R. v. N.A.

    The client was charged with several charges including mischief (damage to property), as well as assault. The client had previous counsel but was unable to resolve the matters. I was able to have all of the charges dropped after my client completed the requirements of a diversion program. This left my client without a conviction and without a criminal record.

  • R . v. S.F.

    The client was charged with arson. Typically cases involving arson lead to jail time if there is a conviction or a guilty plea. I worked with the client and presented the prosecutor with my thoughts on the file. The prosecutor reviewed the materials and agreed to withdraw (drop the charge). This left my client without a conviction.

  • R . v. S.F.

    The client was charged with theft and failure to appear for fingerprints. I was successful at having both charges withdrawn.

  • R . v. C.C.

    The client was charged with break and enter and commit the offence of theft over $5000.00. This was incredibly serious matter where the co-accused were given lengthy jail sentences. However, I was able to convince the prosecutor that on a guilty plea, the client would be left without an actual jail sentence. Instead, the client was given a conditional sentence order, which is highly unusual for this type of charge.

  • R. v. D.L.

    The clients was charged with a serious allegation of sexual assault. The case was very complex and took an exceptional amount of preparations both on my own and with my client. We proceeded with a trial. At trial I was able to cross-examine the complainant such that it left the court with a reasonable doubt. My client was acquitted. That is, the judge found him "not guilty".

  • R. v. R.K.

    The client was charged with sexual assault. The allegation was very serious. The client would have faced jail time in a penitentiary if convicted. I prepared the matter for trial. Before the trial date the prosecutor and I spoke. The prosecutor made a proposal for resolution of the matter which would have still left my client with a conviction and serious ramifications for his future. I spoke to the client and then to the prosecutor and was able to convince the prosecutor to drop the charge if the client entered into a peace bond. The client entered into the peace bond and the charge was dropped. This left my client without a conviction and without a criminal record.

  • R. v. H.T.

    The client was charged with multiple counts of assault with a weapon, assaulting a police officer, and possession of a weapon for a dangerous purpose. The charges were serious. If the client had been convicted of the charges it would have resulted in a criminal record and issues with employment and travel. However, I was successful in having my client referred to a diversion program. Once my client completed the requirements of the program, all of the charges were withdrawn (dropped). This left my client without a criminal record and without a conviction.

  • R. v. J.L.

    The client was charged with domestic assault with a weapon (knife). This was a very serious allegation. I had the client complete some tasks which helped me to help her. I then negotiated with the prosecution and they agreed to outright withdraw (drop) the charge. This was a very unusual outcome for the seriousness of the matter. My client was left without a criminal record and without a conviction.

  • R. v. C.B.

    The client was charged with domestic assault. The allegation was serious. The client instructed me to set the matter for trial. Prior to trial I approached the prosecutor with what I perceived to be the issues with their case. The prosecutor took that information and reviewed it. The prosecutor then agreed to resolve the matter by way of a peace bond. This meant that the charge against the client was dropped (no conviction).

  • R. v. N.S.

    The client was charged with criminal harassment. This was an allegation that the client had repeatedly contacted the complainant. I was able to put together an extensive argument for the prosecutor to review and consider. I determined from my review of the disclosure (evidence) and from my client's information and documentation that there was a strong defence to the charged. After reviewing my proposal, the prosecutor agreed to outright withdraw (drop) the criminal charge of harassment. This left my client without a criminal record and without a conviction.

  • R. v. C.D.

    The client was charged with assault and assault by choking in a domestic related matter. The allegation was serious as the consequences could have had a significant impact on the client's employment. I worked closely with the client to gather as much information and documentation as possible so that I could present the best possible case for resolution to the prosecutor. After much back and forth, the prosecutor agreed to drop the charges and offer my client a peace bond. This left my client without a criminal record and without a conviction.

  • R. v. A.T.

    The client was charged with sexual assault. After reviewing disclosure (evidence), it was clear the client had a valid defence to the very serious criminal charge. I reached out to the prosecutor to request that they review the file to withdraw the charge. The first prosecutor that was assigned to the file decided they would not withdraw it. The client then gave me instructions to plead not guilty and a trial date was set. I prepared for the trial with the client. After doing so, and just prior to the trial date, the second prosecutor reviewed the file and contacted me to confirm he would be dropping the charge against the client. This left my client without a criminal record and without a conviction. My client also avoided having to register with the Sex Offender Registry.

  • R. v. D.G.

    The client was charged with two counts of sexual assault against a minor. After reviewing the disclosure and meeting with the client the client gave instructions that they wanted to enter a not guilty plea and have a trial at the Court of King's Bench with a preliminary inquiry at the Alberta Court of Justice. I prepared extensively for the preliminary inquiry. On the date of the preliminary inquiry, I was able to convince the prosecutor to resolve the matter with a 12-month peace bond. Both charges of sexual assault were withdrawn on that date, leaving the client with no criminal record and no convictions for what were considered to be very serious allegations of sexual assault.