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. D.D.
The client was charged with assault. Upon my review of the file, it was clear to me that the crown had serious problems with the case against my client. On that basis, I was able to have the charges against my client dropped outright. This left my client without a criminal record and without a conviction.
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R. v. C.H.
The client was charged with assault, uttering threats and forcible confinement. I worked with the client to have him enrolled in counselling. The allegations of assault were serious. Despite that, I was able to resolve the matter so that the charges were all withdrawn (dropped) and my client was bound by a peace bond for a period of one year.
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R. v. M.M.
The client was charged with two counts of sexual assault and two counts of sexual interference. There was significant evidence against my client, and he instructed me to proceed with a guilty plea. The crown prosecutor was originally seeking a penitentiary jail sentence. I convinced the crown prosecutor that the sentence they were originally seeking was outside of the applicable range. I convinced the crown to agree to a guilty plea to one charge of sexual interference with a minor for a 90-day jail sentence (versus the original 3-4 years the crown was seeking). The remaining three charges of sexual assault and sexual interference with a minor were withdrawn (dropped).
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R. v. J.S.
The client was charged with assault pursuant to section 266 of the Criminal Code. There were a number of issues that I found with the crown's case against my client. I was able to have the charge against my client dropped outright, leaving him without a criminal record and without a conviction.
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R. v. D.U.
The client was charged with sexual assault and sexual interference with a minor. The client decided to proceed with a guilty plea to the one charge of sexual assault. The crown prosecutor sought a sentence of custody (jail) for the client. However, I made legal arguments to the judge and the judge agreed with my arguments and sentenced the client to a conditional discharge, leaving my client without a conviction being entered. The remaining charge was withdrawn (dropped).
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R. v. B.S.
The client was charged with assault. The allegation was serious, and the ramifications for my client in relation to immigration consequences would have been grave. I worked to have everything in order for my client on his first court date, and with that, I had the charge dropped outright on that first court date. My client was left without a criminal record and without a conviction.
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R. v. J.W.
The client was charged with sexual assault, sexual exploitation of a person with a disability, and invitation to sexual touching of a minor. He pleaded not guilty and the matter was set down for a preliminary hearing. At the preliminary inquiry, the judge decided there was enough evidence to proceed to trial, and the matter was sent to Queen's Bench for that purpose. It was set for a judge and jury trial. The crown was originally seeking a lengthy term of incarceration if the client had been convicted. However, I worked tirelessly for the client and managed to convince the prosecutor that there was no reasonable likelihood of conviction. The crown agreed to a short peace bond, and the charges were all dropped. The client was left without a conviction and without a criminal record.
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R. v. J.C.
The client was charged with assault with a weapon and uttering threats. The matter was set down for trial after a not guilty plea was entered. There would have been serious immigration consequences if he had been found guilty of the assault with a weapon and uttering threats charges. At the trial date, I was able to negotiate a resolution with the crown which allowed for a guilty plea to a lesser included offence of simple assault. The uttering threats charge was withdrawn. The client received probation instead of jail time, which the crown was originally looking for given the client's related record. The client avoided jail and avoided deportation with the resolution I achieved for him.
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R. v. T.B.
The client was charged with indecent act. The consequence of a conviction for the matter would have left the client without the ability to maintain employment. However, I met with the crown prosecutor and proposed resolution whereby the charges would be dropped after my client attended some counselling. The charge was withdrawn (dropped) and my client was left with no criminal record and no conviction.
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R. v. Y.Z
The client was charged with assault with a weapon. The allegation was very serious and there would have been immigration consequences for the client if a conviction was entered. I was able to have the charge of assault with a weapon dropped (withdrawn) outright. The client was left without a criminal record and without a conviction.
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R. v. M.A.
The client was charged with obtaining sexual services for consideration. I met with the crown prosecutor and convinced them to refer my client to the Alternative Measures Program. Once the client completed the requirements of the program, the charge was withdrawn. My client was left without a conviction and without a criminal record.
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R. v. M.M.
The client was charged with two counts of assault. There were issues with the crown's case and their ability to prove the allegations of assault against my client. I discussed the matter with the crown, and although the allegations were serious, the crown agreed to refer the matter to a diversion program. Once my client completed the program, the charges were both withdraw and as a result, there was no conviction and no criminal record.
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R. v. E.C.
The client was charged with sexual assault. The collateral consequences of a finding of guilt would have been grave for the client. The client elected to enter a plea of not guilty, and to set the matter for trial. On the day of trial, the prosecutor agreed with my suggestion that the client should receive a peace bond. The charge was withdrawn, leaving my client without a criminal record and without a conviction.
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R. v. N.P.
The client was charged with assault. The client came to me after trying to deal with the matter on her own as a self-represented litigant. The crown was seeking a guilty plea and probation. I worked with the client and had her complete a number of tasks for me that would assist me with negotiating the best possible resolution for my client. I met with the crown and convinced them that to resile from their original position (probation), and to agree to referring my client to a diversion program. My client finished the requirements of the program, and at the end, the charge was withdrawn altogether. This left my client without a criminal record and without a conviction.
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R. v. C.S.
The client was charged with sexual assault. This was another case of a false allegation. After multiple discussions with the crown, I was able to negotiate with the crown to agree to a peace bond. The charge of sexual assault against my client was withdrawn. This left my client with no conviction and no criminal record.
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R. v. A.H.
The client was charged with domestic assault. In completing extensive background work and research before the first court appearance, I was able to convince the crown to agree to an informal resolution. My client completed the requirements of that resolution, and then the charge was dropped, leaving my client with no conviction and no criminal record.
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R. v. R.R.
The client was charged with sexual assault. The allegation was that of touching. This was a false allegation, and my client instructed me to enter a plea of not guilty and to set the matter for trial. I prepared for the trial including conducting legal research, drafting cross-examination of the complainant and witnesses, and preparing legal arguments. On the day of trial, the charge was dropped (withdrawn).
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R. v. A.N.
The client was charged with assault with a weapon. The crown originally declined to refer the matter to a diversion program. I was able to work with the client to have her gather the necessary information and documentation that I then used to negotiate with the crown for a resolution that would leave the client without a criminal record. I met with the crown, and they agreed that on the basis of the information and documentation that I had gathered in support of my client's case, they would refer the matter to the Alternative Measures Program. Once my client had completed the necessary requirements of the program, my client's assault with a weapon charge was dropped.
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R. v. J.F.
The client was charged with making, possessing, and accessing child pornography, invitation to sexual touching, transmitting sexually explicit material to a minor, and communicating with a minor to facilitate the making of child pornography and to facilitate an invitation to sexual touching. After lengthy discussions with the crown, they were convinced to withdraw the charge and to allow the client to enter into a one-year common law peace bond.
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R. v. E.M.
The client was charged with assault and sexual assault. The matter was a long and drawn out situation of false allegations. My client gave me instructions to enter a not guilty plea and to set the matter for trial. On the day of trial, I spoke with the prosecutor and convinced them that there was absolutely no evidence relating to a sexual assault allegation. The crown agreed and on the day of trial, they dropped the charge of sexual assault. In relation to the assault charge, the crown agreed to drop the charge and have my client enter into a peace bond. My client was left without a criminal record and without a conviction.
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R. v. M.B.
The client was charged with sexual assault. After discussions with the crown, they agreed to withdraw the charge and to allow the client to enter into a one-year peace bond.
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R. v. K.M.
The client was charged with assault. When I reviewed the file, it was clear that this was not a criminal offence of assault, but a consensual fight, which is not against the law. I approached the crown with my position, and the crown agreed and withdrew the charge. My client was left without a criminal record and without a conviction.
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R. v. L.H.
The client was charged with exposing himself to a person under the age of 16 years. After discussions with the crown, and admittance requirements discussions with the program coordinators, it was agreed that the client was a fit and the matter could be referred to the mental health diversion program. Upon completion of the requirements, the crown withdrew the charge.
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R. v. M.S.
The client was charged with assault in the context of a domestic situation. I reviewed the file, then set up a meeting with the crown to discuss the matter. I determined that there was no reasonable likelihood of conviction, and I thought the charge should be dropped. The crown agreed with my conclusion, and the charge was dropped, leaving my client without a conviction and without a criminal record.
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R. v. K.O.
The client was charged with sexual assault. The client entered a not guilty plea and the matter was set down for trial. Upon conclusion, the judge found that the client was not guilty of sexual assault, but guilty of a simple assault. The client received a conditional discharge with 9 months probation and a victim fine surcharge. No conviction entered.