SUCCESSFUL CASE DECISIONS

• R. v. D.B.

  The client was charged with one count of assault by choking. The allegation was serious, and it was domestic in nature. After discussing the matter with the prosecutor, the prosecutor agreed to withdraw (drop) the charge. This left the client without a record and without a conviction.

• R. v. J.R.

  The client was charged with one count of assault, one court of assault by choking and one count of aggravated assault. Aggravated assault is the most serious of all of the charges of assault. It involves an allegation of wounding, maiming or disfiguring. The client instructed me to enter a not guilty plea and set the matter for trial. I reviewed the evidence with the client and prepared for trial. We had a very strong defence. Prior to trial, the prosecutor said they would not be proceeding with the charges. All charges were dropped (withdrawn) on the trial day. This was a very important win for the client who had faced employment related issues just due to being charged. A conviction would have meant jail time and further/continued employment issues. My client was left without a criminal record and without a conviction.

• R. v. A.M.

  The client was charged with one count of sexual interference with a minor. The allegation was very serious, typically resulting in actual jail time if convicted. The client gave me instructions that they wanted to plead guilty to the charge. I was able to work with the prosecutor to have them agree to not seek a sentence of real jail for the guilty plea, but house arrest instead (conditional sentence order). The sentence allowed my client to continue their employment. The house arrest was only required for part of the sentence, then a short period of time with a curfew, and then no house arrest or curfew. The remainder was just probation conditions. There were exceptions to the house arrest and curfew which allowed the client to work, shop for the necessities of life, go to the gym, etc. The client was very pleased with the result given they were looking at jail for two years or more.

• 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.