SUCCESSFUL CASE DECISIONS

• R. v. E.B.

  The client was charged with domestic assault. The allegation was serious as it related to a spouse. The crown took the position that they would seek a suspended sentence and probation. With my legal advice, the client undertook treatment and counselling. With that, when we proceeded with a plea, the court agreed with the sentence that I argued for, a conditional discharge. Originally before I was retained as counsel the crown's position had been jail. I was able to secure a conditional discharge for the client for the assault charge, leaving my client without a conviction.

• R. v. N.P.

  The client was charged with assault, uttering threats and resisting or obstructing a peace officer. There were a number of legal arguments I made to secure a sentence of a conditional discharge for the client, thus leaving the client without a conviction.

• R. v. J.S.

  The client was initially charged with theft under $5000.00 and pointing a firearm. The crown proceeded with filing a new information with additional charges including assault, theft under $5000.00, using an imitation firearm and possessing a weapon. The client pleaded guilty to assault, theft under $5000.00, and possessing a weapon. Originally the crown was seeking a term of incarceration, but after resolution discussions with the crown, they agreed to a term of probation instead. The remaining charge against him was withdrawn.

• R. v. J.L.

  The client was charged with domestic assault. The client had a related record for serious allegations of assault where he received jail time. The crown was initially seeking jail time. However, I worked with the client to have him attend at counselling and treatment which assisted me in securing a non-custodial sentence for him when he pleaded guilty. The client was sentenced to probation.

• R. v. R.P.

  The client was charged with assault as it related to a domestic partner. The crown was initially seeking a term of probation upon a guilty plea. Instead, I was able to secure a complete withdrawal of the charge for my client. The charge of assault was dropped, and my client was left without a conviction and without a criminal record.

• R. v. M.S.

  The client was charged with assault and uttering threats The allegation was that the client had assaulted his domestic spouse. I negotiated a resolution with the crown for a peace bond, and the charges against my client were dropped. No conviction and no criminal record.

• R. v. H.G.

  The client was charged with assault. The circumstance that gave rise to the allegation was that the client had assaulted his domestic spouse. After reviewing the disclosure, It was in court a few times, but after discussions with the crown, they eventually were convinced to withdraw the charge because the available evidence did not support it.

• R. v. T.S.

  The client was charged with two counts of careless storage of a firearm. This was a serious allegation and a serious breach of my client's rights by police. After reviewing the disclosure, it was clear that the police had no authority to enter my client's home, and no authority to subsequently search his home. I reviewed the file in detail and researched the law. I then met with the crown and they agreed to drop the charge as there was no reasonable likelihood of conviction. My client was left without a criminal record and without a conviction.

• R. v. S.S.

  The client was charged with obtaining sexual services for consideration from a person under the age of 18. This turned out to be a situation where the client met an individual online, and then when they met in person it ended up being an undercover police officer. The issue with the file became apparent from the outside: the police had entrapped my client, and several other people in this sting operation. What they police did was against the law, as the client did not intend on meeting with a person under the age of 18 as that is not what the false advertisement the police posted said. In discussions with the crown, I was able to have the charge withdrawn altogether, leaving my client without a criminal record and without a conviction.

• R. v. S.G.

  The client was charged with sexual assault. He pleaded not guilty and the matter was set down for a judge and jury trial, with a preliminary hearing. At the preliminary inquiry, I cross-examined the complainant. It was clear this was a false allegation against my client. The matter was set for trial at the Court of Queen's Bench. The crown then decided to drop the charge. My client was left with no criminal record and no conviction.

• R. v. E.S.

  The client was charged with sexual assault, sexual interference with a minor, and unlawful confinement. The client decided to plead not guilty and the matter was set down for trial. The week prior to the commencement of trial, I discussed the matter with the crown, and they agreed to drop the charges and allow my client to enter into a peace bond. My client was left with no criminal record and no convictions.

• R. v. R.C.

  The client was charged with sexual assault. Upon reviewing the disclosure, it was clear that no sexual assault occurred. This was clearly a file that involved the police charging without doing their job. It was an allegation that was unsupported by any of the evidence. I convinced the crown to withdraw (drop) the charge altogether. My client had no criminal record and no conviction.

• R. v. M.K.

  The client was charged with sexual assault involving a very minor allegation. The I reviewed the disclosure in detail and determined that there was no reasonable likelihood of conviction. On that basis, I approached the crown prosecutor to try to resolve the matter. We agreed to a peace bond, with the sexual assault charge dropped. However, when we arrived at court, the crown agreed to drop the charge altogether, leaving my client with no peace bond, no criminal record and no conviction.

• R. v. A.L.

  The client was charged with sexual assault and sexual interference with a minor. The client elected to plead guilty to the sexual assault charge. The crown was initially seeking extensive jail time. However, in negotiations with the crown, I was able to convince them to proceed with a significantly reduced sentence, six months incarceration, followed by 18 months of probation. The sexual interference charge was dropped (withdrawn).

• R. v. A.O.

  The client was charged with voyeurism. The crown was at first seeking a sentence of jail, but after I spoke with them, they agreed to reduce their sentence submissions to that of a suspended sentence and probation. I conducted extensive research and made submissions to the judge that a conditional discharge would be appropriate. The judge agreed, and my client received a conditional discharge. No conviction was entered.

• R. v. R.D.

  The client was charged with sexual assault. After receiving my client's instructions, we entered a plea of not guilty and set the matter for a preliminary inquiry at the Provincial Court. At the preliminary inquiry, I cross-examined the complainant and made significant headway in terms of material that I could use at the trial. The matter proceeded to trial at the Court of Queen's Bench with a judge and jury. I prepared tirelessly for the trial, including conducting a methodical review of all of the disclosure. My preparations paid off, and the jury found my client not guilty.

• R. v. D.P.

  The client was charged with sexual assault. He pleaded not guilty and the matter was set down for trial at the Court of Queen's Bench with a judge alone. I prepared for the trial by conducting legal research, preparing arguments, preparing my client for examination-in-chief and cross-examination, and preparing my cross-examination of the complainant. This was a - he said, she said - fact situation. It was clear that my client's version of events was credible, and the complainant's version was not. I was successful in securing a not guilty finding from the judge.

• R. v. B.N.

  The client was charged with sexual assault against a co-worker. He pleaded not guilty and the matter was set down for trial. On the day of trial, the client crown agreed to a plea to a charge of simple assault, and the client received probation.

• R. v. K.S.

  The client was charged with sexual assault. The client elected to plead guilty. The crown was seeking a lengthy jail sentence. I made arguments for a conditional sentence order, and the court agreed. The client received no jail time.

• R. v. A.T.

  The client was charged with sexual assault, sexual interference, and invitation to sexual touching. He pleaded not guilty and the matter was set down for trial. After pre-trial discussions with the crown, the client decided to accept the resolution offer presented. He pleaded guilty to an amended charge of simple assault for probation, and the charges of sexual assault, sexual interference and invitation to sexual touching were dropped.

• R. v. B.S.

  The client was charged with driving while unauthorized pursuant to the Traffic Safety Act. Normally the charge would attract another driving prohibition and potentially jail. However, I negotiated with the crown and my client plead guilty to a lesser included offence of driving without a valid license and received a small fine.dr

• R. v. B.L.

  The client was charged with impaired operation of a motor vehicle and driving with a blood alcohol concentration at or over 0.08 pursuant to the new provisions of the Criminal Code (operating a conveyance). I took instructions from the client and entered a plea of not guilty and set a trial date. Prior to the trial date, I filed a notice alleging my client's rights were violated by police. The crown prosecutor assigned to the file reviewed that notice and agreed to drop both of the charges. My client was left without a criminal record and without a conviction.

• R. v. J.R.

  The client was charged under the Traffic Safety Act with exceeding the maximum speed limit. The ramifications of the penalty for the ticket as it stood would have meant the client would have lost his job. However, I negotiated with the crown prosecutor and was able to reduce the ticket significantly, so that the client was left with half of the demerits he would have received without me negotiating the deal for him. The client was able to maintain his employment.

• R. v. A.C.

  The client was charged with impaired driving and refusing to provide a breath sample. He also received a traffic ticket for failing to provide a driver's license. The client pleaded not guilty and the matters were set down for trial. I prepared for the trial, including preparing legal arguments, conducting legal research, preparing cross-examinations of the officers, and filing a notice alleging my client's rights had been violated. On the day of trial, after discussions with the crown, the crown agreed to drop all charges as there was no reasonable likelihood of conviction given the work I had done on the file. This left my client with no criminal record and no conviction.

• R. v. T.H.

  The client was charged with possession of drugs, trafficking drugs (cocaine), possession of property obtained by crime over $5000.00, and unauthorized possession of a prohibited weapon. The client pleaded not guilty and the matter was set down for a preliminary hearing. After the hearing, the judge decided there was enough evidence to proceed to trial, though only on the trafficking drugs and possession of property charges. The matter was set down for a three-day trial in Queen's Bench. On the day of trial, I secured my client a resolution that would leave him with very little jail time considering the nature of the allegations.