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. J.B.

    The client was charged with breaching a no contact order in relation to a main charge of domestic assault. I was able to have the breach charges withdrawn so the client was left without a conviction and without a criminal record.

  • R. v. A.S.

    The client was charged with a domestic assault. I assisted the client to obtain counselling. I was able to negotiated a deal for the client where the charge was withdrawn.

  • R. v. J.S.

    The client was charged with breaching his release (bail) conditions. The client plead not guilty and a trial date was set. I was able to provide the crown with enough information that the crown agreed with me that the charge should be dropped. The client was left without a criminal record and without a conviction.

  • R. v. L.V.

    The client was charged with an assault. This assault occurred inside a bar but the client was trying to protect himself after being assaulted by police officers (self-defence). After reviewing the body worn camera footage it was very apparent the client had not assaulted the officer, but that the officer had assaulted him. I was able to convince the crown to outright drop the charge of assault.

  • R. v. T.N.

    The client was charged with multiple counts fraud and forgery in relation to alleged falsified cheques. The matter was dated, and extremely complicated. I reviewed the disclosure in detail, and I was able to negotiate with the crown to withdraw all of the charges. The client would have faced a jail sentence if convicted. Instead, I got the charges dropped, leaving the client with no criminal record and no conviction.

  • R. v. R.D.

    The client was charged with three counts of sexual assault. Convictions for the offences would have left the client with a criminal record, and the inability to travel without restriction to the United States. I reviewed the disclosure in detail, and met with the prosecutor. I outlined why I thought the prosecution could not prove the charges against the client. The prosecutor agreed, and the charges were all dropped (withdrawn). The client was left with no criminal record and no conviction.

  • R. v. P.G.

    The client was charged with theft under $5000 (stealing/shoplifting from Superstore). I was able to work with the client to have him do some things for me that would help me to negotiate a resolution for the client to have the charge dropped. The crown agreed with me, and made note of the work I had had the client complete, and the charge was dropped outright, leaving the client with no criminal record and no conviction.

  • R. v. R.D.

    The client was charged with one count of possession of child pornography and one count of accessing child pornography. This was a unique case where there were other circumstances that made it so that there were concerns on my part that this would not be a case that was in the public interest for a prosecutor to prosecute. I was able to work with the client to help him to help me negotiate with the crown. I was able to have all of the  charges dropped (no conviction and no criminal record).

  • R. v. R.B

    The client was charged with breaking and entering into a house. The people were home at the time but were sleeping. The client was also charged with stealing items from the house and stealing the vehicle. Normally these types of charges would mean jail time. However, I was able to get a plea deal for the client for a conditional sentence order (house arrest) instead of jail.

  • R. v. Z.R.

    The client was charged with obtaining sexual services for consideration from a person under the age of 18. The case was complicated. There was clear entrapment by police. I was able to negotiate a resolution for the client where the charged was dropped. Had that not happened, the client would have had a conviction and a jail sentence.

  • R. v. W.N.

    The client was charged with assault causing bodily harm and assault with a weapon. The client plead not guilty and a trial date was set. I then began negotiations with the crown to try to resolve the matter for a simple assault charge. The original charges were very serious as they involved a gang type attack with weapons on the victim. I managed to secure a resolution for the client that was for a plea to simple assault for a sentence of probation. The client therefore avoided jail, which they could have been facing if they had gone to trial and were convicted.

  • R. v. N.V.

    The client was charged with several charges of causing unnecessary suffering to animals. However, this was a case where it was clear that the client had not done so intentionally. With that then, I was able to secure a plea to a regulatory offence instead of a Criminal Code offence. This left the client without a criminal conviction. The charges under the Criminal Code were dropped.  

  • R. v. J.B.

    The client was charged with a domestic assault. I negotiated a resolution for the client for a withdrawal (dropping) of the charge with the acceptance of a peace bond for only six months. The criminal charged was dropped, leaving the client with no criminal record and no conviction.

  • R. v. B.L.

    The client was charged with sexual assault. This was a serious allegation. The matter was set for a Judge and Jury trial after a preliminary inquiry was held at Provincial Court. The file had been reassigned to another prosecutor last minute. It took me numerous conversations with the newly assigned crown before they agreed that the charge could not be proven beyond a reasonable doubt. Given that, the crown withdrew (dropped) the charge of sexual assault on the first day of trial. This left the client without a conviction and without a criminal record.

  • R. v. J.G.

    The client was charged with sexual assault and set the matter for trial. I was able to negotiate with the crown to drop the charge down to just a regular assault (not sexual assault) and the client received a sentence of probation. The client would have faced a jail sentence if convicted of sexual assault, but I was able to negotiate no jail.

  • R. v. L.X.

    The client was charged with sexual assault. The matter proceeded with a preliminary inquiry, and then it was supposed to proceed to trial at the Court of Queen's Bench with a Judge and Jury. However, I was able to negotiate a resolution for the client for a plea to a common assault (not a sexual assault) for probation. The client would have faced a jail sentence if convicted of sexual assault.

  • R. v. S.G.

    The client was under investigation for a possible sexual assault charge. I was retained to assist before the prospect of any charges being laid. I provided legal advice to the client and advised him how the investigation process would proceed. Ultimately, no charges were laid.

  • R. v. R.D.

    The client was under investigation for a possible criminal charge for possession of child pornography. I provided legal advice to the client. Ultimately, the police did not charge the client so there was no conviction or criminal record.

  • R. v. J.G.

    The client was charged with sexual assault. the allegation was that the client had had sex with the complainant without their consent. The client plead not guilty and the matter was set for trial at the Court of Queen's Bench. I prepared for the trial, and worked treeless to prepare the client for trial. The trial proceeded and the Judge agreed that the crown prosecutor had not proven the charge beyond a reasonable doubt and found the client not guilty. the Client was left with no criminal record and no conviction.

  • R. v. S.T.

    The client was charged with impaired operation of a motor vehicle (impaired driving) and failure to comply with a demand for a breath sample (commonly called a "refusal to blow"). I was able to convince the prosecutor that the charges should not be proceeded with. The crown agreed, and dropped both charges. This left the client without a criminal record and without a conviction that would have compromised employment.

  • R. v. W.L.

    The client was charged with sexual assault and invitation to sexual touching. I had reviewed the file in detail at the outset and determined that the crown would not be able to prove the allegations. The matter was set for trial. On the eve of trial, the crown contacted me to say that they believed that there were issues with their ability t prove the allegation. The crown agreed to drop the charges and agreed to a short peace bond with only one condition of no contact with the complainant. This meant that the client was left without a criminal record and without a conviction.

  • R. v. S.M.

    The client was charged with domestic assault. It was extremely important that the client be left without a conviction or criminal record, and without conditions as the client's employment depended upon having a clean record. After a lot of negotiating with the crown, I was able to have the charge dropped entirely.

  • R. v. W.B.

    The client was charged with assault (spitting). After presenting the crown with an alternate version of events that was equally plausible, the crown agreed that there was no reasonable likelihood of conviction, and the charge was dropped.

  • R. v. M.P.

    The client was charged with assaulting a police officer and received a public intoxication ticket. I reviewed the disclosure and determined that there were issues with the client's arrest (the officer did not have grounds to arrest the client). The crown agreed that the appropriate resolution was that the charge of assaulting a police officer, and the public intoxication ticket should be withdrawn. This resulted in the client having no conviction or record for the criminal charge.

  • R. v. L.C.

    The client was charged with assault with a weapon, assault causing bodily harm, and two counts of failure to comply. Initially, before I was counsel for the client, the crown sought a jail sentence (90 days) for the charges. I reached out to the crown and pointed to concerns regarding their inability to prove that the client was a party to the offence, as the allegations suggested. The crown agreed that the case was weak and offered a common law peace bond. With that, the charges against the client were all withdrawn (assault with a weapon charge and assault causing bodily harm).