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. K.I.

    The client was charged with assault with a weapon and theft under $5000.00. When I reviewed the disclosure, I realized that the crown would have trouble proving the client's identification which they need to prove to get a conviction. After some back-and-forth discussions, I convinced the crown to drop the charges. This meant no criminal record and no conviction for the client.

  • R. v. R.S.

    The client was charged with theft under $5000. The client had no criminal record and this was their first offence. I asked the crown prosecutor to refer the client to the Alternative Measure Program given the client's enviable background and given the work I had the client complete to be able to negotiate that resolution. The crown prosecutor agreed to refer the matter to the diversion program with the information I provided to them. Once the client had completed the program requirements the charge was dropped (withdrawn), leaving the client with no criminal record.

  • R. v. D.M.

    The client was charged with assault. The matter involved a domestic situation and the allegation was very low level. I had the client complete some things for me that helped me to negotiate the best possible resolution for the client. The crown prosecutor listened to my proposal and agreed that with all the client had done, and given the nature of the allegations, they would drop the charge. This left my client without a criminal record and without a conviction.

  • R. v. J.S.

    The client was facing a domestic assault charge. The crown prosecutor decided not to proceed with the charge and it was dropped. This left my client with no criminal record and no conviction.

  • R. v. C.M.

    The client was charged with four charges of assault and three charges of mischief (damage to property) under $5000. Given the client's extensive history of trauma and mental health issues, as well as other factors, I was able to convince the judge to agree to a sentence of a conditional discharge. This is the best possible sentence the client could have received in the circumstances.

  • R. v. T.I

    The client was charged with assaulting and threatening to cause death or bodily harm to his teenage daughter. I reviewed the evidence in detail and was able to establish that the allegation that the complainant made had no merit. I further pointed out that the client's rights had been violated when the police entered his home without a warrant. In the end, the crown prosecutor agreed that the charges should all be dropped. This left my client without a criminal record and without a conviction.

  • R. v. M.N.

    The client was charged with assault and criminal intimidation for an incident involving his wife and child. I reviewed the file in detail and determined that there was no evidence upon which the crown prosecutor could prove the allegations. The crown prosecutor agreed with my review and dropped all the charges against the client. My client was left with no conviction and no criminal record.

  • R. v. C.P.

    This was a matter that involved multiple parties and a complex legal issue. The surrounding circumstances were that the client and other co-accused were charged with sexual offences though no actual physical offence took place. The case was long and drawn out. There were several dates set for legal arguments including whether or not the trial was going to be held within a reasonable time. There were also other arguments that were made including an argument that the client's rights were violated when the police seized messages from a cell phone. In the end, the judge decided that the trial was not held within a reasonable time and all charges were dropped. This left my client without a conviction and without a criminal record for this very serious sexual offence allegation.

  • R. v. T.B.

    The client was charged with impaired driving and operation of a motor vehicle with a blood alcohol level at or over 0.08. A trial date was set after the client plead not guilty. Prior to trial, I comprehensively researched the law relating to violations of the client's rights. I prepared a Notice outlining those violations. The crown prosecutor reviewed the Notice and agreed that the client's rights were violated, and agreed to outright drop both charges. This left the client with no criminal record and no convictions.

  • R. v. R.B.

    The client was charged with break and enter into a dwelling house. The client had a lengthy criminal record and upon conviction would have faced a period of jail of at least a year. However, I was able to negotiate with the prosecutor to have the client enter a guilty plea to a lesser charge and the client avoided a jail sentence altogether.

  • R. v. C.L.

    The client was charged with several charges of robbery, including one charge of armed robbery, uttering threats, assault and failing to appear in court. Given the multiple charges of robbery, the client was facing a term of jail for at least three years. However, the client had participated in counselling at my urging so that he could overcome his addictions. With that information, I was able to negotiate a plea deal for the client for a conditional sentence order and no actual jail.

  • R. v. T.G.

    The client was charged with possession of a firearm, pointing a firearm and assault with a weapon. There were many negotiations that went back and forth with the crown. Initially the crown sought a significant jail sentence, however, I was able to negotiate for a conditional sentence order for the client. That meant no jail for very serious charges.

  • R. v. K.R.

    The client was charged with multiple criminal offences including robberies, thefts, break and enters, possession of property/substances, failure to comply with release and failure to appear in court. The client also had an extensive criminal record. I entered into plea negotiations with the prosecutor and ultimately they agreed to a plea to mischief I was able to have the crown agree to global resolution and have the client only plead guilty four charges and have the rest withdrawn. The client was sentenced to a probation only.

  • R. v. A.T.

    The client was charged with assault in the context of a bar fight. I was able to negotiate with the crown to have the client enter into the Alternative Measures Program. The client completed all of the requirements for the alternative measures program and the charge was withdrawn. This left the client without a criminal record and without a conviction.

  • R. v. G.E.

    The client was charged with assault. I was able to negotiate with the crown to have the client enter into the Alternative Measures Program. The client completed all of the requirements for the alternative measures program and the charge was withdrawn. This left the client without a criminal record and without a conviction.

  • R. v. G.M.

    The client was charged with assault. I was able to negotiate with the crown to have the client enter into the Alternative Measures Program. The client completed all of the requirements for the alternative measures program and the charge was withdrawn. This left the client without a criminal record and without a conviction.

  • R. v. J.H.

    The client was charged with sexual assault. the matter was very serious and a conviction would have meant the client would have spent a significant penitentiary term of jail. We had a preliminary inquiry and then proceeded to trial at the Court of Queen's Bench. I prepared the client for trial, and worked hard to be as ready as we could be. In the end, a few days before trial, the prosecutor agreed to drop the charge. This left the client with no criminal record and no conviction.

  • R. v. D.P.

    The client was charged with assaulting a peace officer. After reviewing the body worn camera footage of the officer that was given to me in disclosure, it was very clear that that client was assaulted by the police officer and not the other way around. I meet with the prosecutor and showed them where in the video it was clear my client was the victim. They agreed, and the charge was dropped. This left the client with no criminal record and no conviction.

  • R. v. G.W.

    The client was charged with assault involving a road rage incident. It was clear that there were extenuating circumstances and really two sides to the story. I approached the crown prosecutor to discuss my findings with them and they agreed to drop the charges. that left the client with no criminal record and no conviction.

  • R. v. R.A.

    The client was charged with assaulting a peace officer. After reviewing the body worn camera footage that was in disclosure, it was very clear that the client was assaulted by the police officer and not the other way around. I met with the prosecutor to show them where in the disclosure it was clear that my client had not assaulted the officer and that in fact my client had been assaulted. The prosecutor agreed and withdrew (dropped) the charge against my client. This left my client with no criminal record and no conviction.

  • R. v. D.B

    The client was charged with uttering threats and it was a domestic related allegation. I worked tirelessly with the client to get everything in order to show the prosecutor that the charges against the client should be dropped. The prosecutor agreed, and the charge of uttering threats was withdrawn.

  • R. v. C.B.

    The client was charged with assault against a former domestic partner. I was able to have the crown prosecutor agree to drop the charge if the client agreed to a peace bond. The client was very happy with the resolution and the charge was dropped, leaving the client with no criminal record and no conviction.

  • R. v. O.S.

    The client was charged with dangerous operation of a motor vehicle, flight from peace officer in a motor vehicle, driving an uninsured motor vehicle and driving without proper supervision while having a learner license. There was a very serious accident that happened. I was able to have the prosecutor agree to a plea to the dangerous driving charge and driving without proper supervision while having a learner license. The client was sentenced to a small fine and 6 month driving prohibition with all other charges dropped.

  • R. v. C.S.

    The client was charged with public mischief, criminal harassment and mischief. I was able to convince the prosecutor on the first court appearance to drop all charges. That left the client with no criminal record and no conviction.

  • R. v. J.M.

    The client was charged with assault causing bodily harm. Initially the client had another lawyer working on the file, but the file was transferred to me. When it was transferred to me I got the prosecutor to agree to change their election from the serious indictment to the less serious summary election. The crown prosecutor also agreed to a conditional discharge for the client, so after three years it is like there was no finding of guilt.