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. A.P.
The client was charged with assault. A young mother of two, she was overwhelmed after taking on two more young foster children. During an extremely stressful incident, she admitted to biting one of the foster children. She pleaded guilty to assault and a sentencing date was set. The client did extensive counselling over the course of the year (between charge and sentence) and had many positive reference letters. A pre-sentence report was done and it indicated that it was unlikely she would reoffend. She avoided jail time and was given a suspended sentence with probation.
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R. v. W.W.
The client was charged on multiple files and his offences included two charges of possession of property obtained by crime under $5000.00, two charges of fraud under $5000.00, mischief to property under $5000.00, possessing a weapon for a dangerous purpose, carrying a concealed weapon, and two charges of failing to comply with an undertaking (release/bail). The crown was initially seeking probation for the charges. However, I negotiated a resolution whereby my client was referred for a second time to the Mental Health Diversion program. The client was accepted into the program and upon completion of the requirements, all the charges on all of the files were withdrawn.
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R. v. H.C.
The client was charged with mischief under $5000.00 (damaging a car). I met with the crown prosecutor to discuss the file, and they agreed to an outright withdrawal of the charge. My client was left with no criminal record and no conviction.
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R. v. D.L.
The client was charged with possession of stolen property under $5000.00. The matter was trivial in that the police should not have charged my client. I worked with my client to gather information and documentation that assisted me in negotiating with the crown for a complete withdrawal of the charge. The matter was concluded with the charge dropped, and my client was left with no criminal record and no conviction.
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R. v. F.A.
The client was charged with theft under $5000.00 and assaulting a peace officer. Initial discussions with the crown yielded a negative response to having the matter differed to the alternative measures program. However, during further discussions and negotiations with the crown, I was able to convince them to refer the matter to a diversion program. Once the client completed the requirements of the program, the charges again her were withdrawn.
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R. v. J.M.
The client was charged with possession of stolen property over $5000.00, possession of stolen property under $5000.00, and mischief (damage to property). Subsequent to being charged with that set of charges, he was also charged with two counts of failing to appear and another count of failing to comply with conditions of release (bail). I convinced the crown to drop all charges and to only have my client plead to one count of failing to comply with release, for which he received a small fine.
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R. v. S.A.
The client was charged with theft under $5000.00. The client had related referrals to diversion in the past. However, I was able to convince the crown to agree to another referral to diversion. Once the client completed the requirements of the program, the charge was withdrawn.
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R. v. J.R.
The client was charged with theft under $5000.00 (shoplifting). I convinced the crown to agree to refer the matter to the Alternative Measures Program. Upon completion of the requirements, the charge was withdrawn (dropped).
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R. v. D.G.
The client was charged with theft under $5000.00, mischief and failing to appear for identification. The failure charge was at warrant status, as the date noted on the promise to appear wasn't clear, and the client showed up for fingerprinting on the date he thought the notice said. The crown agreed to bring the warrant forward and have the charge withdrawn on the first court date, given the circumstances. Originally the file was not approved for the alternative measures program. However, after case resolution discussions with the crown, they agreed to withdraw the charges outright, based on the fact that the client had already paid for the damage, and the disclosure package did not give a full picture of what had actually happened.
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R. v. P.G.
The client was charged with theft under $5000.00 (shoplifting). I met with the crown to discuss the prospect of having the charge dropped outright. The crown agreed, and the charge was dropped in court. My client was left without a criminal record and without a conviction.
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R. v. S.K.
The client was charged with theft under $5000.00. Initially, the crown prosecutor would not agree to referring the matter to the Alternative Measures Program. I had the client complete tasks and obtain documentation and information for me, that I then went to the crown with. I was able to negotiate a resolution of the matter by way of a referral to the diversion program. Once the client had successfully completed the requirements of the program, the charge was withdrawn (dropped). It was important for my client's employment that he did not have a conviction. I was able to give him that peace of mind.
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R. v. V.M.
The client was charged with multiple counts of fraud, possession of stolen property, possession of drugs, and several other fraud related charges. The client had a different lawyer representing him at first and was told that his sentence would be three years in custody. When I came on as the client's lawyer, I was able to negotiate with the crown to reduce the sentence to eighteen months upon his pleas to several charges. I saved the client a significant amount of time in custody.
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R. v. R.T.
The client was charged with mischief to property under $5000.00. Though the crown was initially unwilling to refer the matter to the Alternative Measures Program, once I provided the crown with further information and had further discussions with them, they agreed to refer my client. Once my client completed the requirements of the program for the mischief charge, it was dropped and the matter was concluded, leaving my client with no criminal record and no conviction.
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R. v. K.W.
The client was charged with mischief and being unlawfully in a dwelling house. The charges were treated very seriously by the crown, as the complainant alleged that the client broke into the residence and damaged property in doing so. There was a lot of negotiating with the crown that I had to do to have the crown agree to resolve the matter by way of a peace bond versus proceeding with the charges. It was important my client did not have a record due to employment requirements. The charges of mischief and being unlawfully in a dwelling house were dropped (withdrawn).
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R. v. S.U.
The client was charged with possession of stolen property and possession of a stolen credit card. The allegations would have had serious ramifications for the client's employment. I was able to convince the prosecutor to refer the matter to a diversion program. Upon completion of the requirements of the program, the charges were withdrawn (dropped). The client was left without a criminal record and without a conviction.
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R. v. P.P.
The client was charged with theft under $5000.00. The allegation was that of a trust theft (theft from employer). Usually a trust theft would attract jail time. I was able to work with the client to obtain information and documentation that assisted me in negotiating with the prosecutor who agreed to refer the matter to Mental Health Diversion. Once my client completed the requirements of the program, the crown withdrew the charge and my client was left with no conviction and no criminal record for the theft over $5000.00 charge.
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R. v. M.L.
The client was charged with mischief after breaking a window with a rock. I was able to have the charge referred to the Alternative Measures Program on the very first court date. Once my client completed the program, the charge was dropped, and my client was left with no criminal record and no conviction.
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R. v. J.S.
The client was charged with domestic assault. The allegation was clearly false, and it was made in order to further the complainant's family law matter. Originally, the client had another lawyer representing her. With that other lawyer, the client plead not guilty and set the matter down for trial. When I came on as the client's lawyer, I had the matter brought forward and vacated the trial date. I then negotiated a resolution with the crown. The crown agreed to withdraw (drop) the charge.
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R. v. M.W.
The client was charged with assault and assault with a weapon. She pleaded guilty to assault and the assault with a weapon charge was dropped. I made arguments in relation to sentence, and the court granted the client a conditional discharge versus probation that the crown was seeking. My client was left without a criminal conviction.
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R. v. A.R.
The client was charged with assaulting a peace officer, two counts of assault, causing a disturbance, and public intoxication. It was clear to me after having reviewed the file that the client hadn't committed a criminal offence when the assaults originally started. It was clear that what happened after was a result of my client being attacked. I was able to negotiate with the crown so that the two assault charges were dropped, and the assaulting a peace officer charge was reduced to a resisting arrest. With that, the matters were referred to the Alternative Measures Program. My client was successful in completing the requirements of the program and the remaining charges were dropped.
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R. v. E.M.
The client was charged with assault after being involved in a road rage incident. Normally the crown would not agree to a referral to diversion, or any sort of informal resolution when it comes to road rage assault allegations. However, I worked hard with the client to gather as much information and possible. When I approached the crown prosecutor with my resolution proposal, the crown agreed, and the charges against my client were dropped all together.
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R. v. C.R.
The client was charged with assault and mischief. The client was concerned about a conviction and how it would impact travel and employment. I was successful in having the matter referred to the Alternative Measures Program. The client completed the requirements of the program, and the charges were both dropped.
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R. v. J.B.
The client was charged with assault and uttering threats. The crown was not willing to agree to resolve the matter without a guilty plea. The allegations were false. It was important that the client avoid a criminal record. The matter was set for trial after a not guilty plea was entered. On the day of trial, was able to negotiate a resolution for a referral to the Alternative Measures Program. Once my client completed the requirements of the program, the charges against him were withdrawn (dropped). My client was left with no criminal record and no conviction.
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R. v. D.P
The client was charged with domestic assault. The complainant made a false allegation against the client. Due to immigration consequences, it was important that the client be left without a conviction and without a criminal record. I successfully negotiated with the crown to informally resolve the matter. My client completed some counselling, and then the charge of assault against my client was dropped.
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R. v. N.G.
The client was charged with assault. The crown was initially seeking a plea for probation. I obtained information and documentation from the client and approached the crown for resolution discussions. I was able to convince the crown to agree to a peace bond. The original charge of assault was withdrawn (dropped). The client was left with no criminal record and no conviction.