Cases tagged as Sexual Assault

• R. v. H.Q.2021

  The client was charged with sexual assault. The allegation was that of touching. The client instructed me to resolve the matter as he wanted to plead guilty. The crown prosecutor sought a sentence of probation, whereas I sought a sentence of a conditional discharge. I prepared written materials for the judge to consider and made arguments in front of the judge for the more lenient sentence. The judge agreed with me that a conditional discharge for this sexual assault offence was the appropriate sentence. The conditional discharge means that after three years, it is as though the client was not convicted.  

  Sexual Assault

• R. v. R.D.2021

  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 The prosecutor agreed, and the charges were all dropped (withdrawn).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.

  Sexual Assault

• R. v. Z.R.2021

  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.

  Sexual Assault

• R. v. B.L.2021

  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.

  Sexual Assault

• R. v. J.G.2021

  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.

  Sexual Assault

• R. v. L.X.2021

  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.

  Sexual Assault

• R. v. S.G.2021

  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.

  Sexual Assault

• R. v. J.G.2021

  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.

  Sexual Assault

• R. v. W.L.2021

  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.

  Sexual Assault

• R. v. K.L.2021

  The client was charged with sexual assault. The allegation was that the client, who was not far off in age as to the complainant (they were both young), had forced a sexual touching. The crown offered a period of probation for the young person, and the young person was sentenced to probation after electing to plead guilty to the offence.

  Sexual Assault Young Offender

• R. v. E.L.2021

  This was a long drawn out matter. The client was charged with sexual interference with a minor, and sexual assault of a minor. The allegation was made in the context of the complainant being a dependant. There were signfiicant issues with the complainant's crediblity, and the reliability of her evidence. The matter proceeded to a preliminary inquiry. After I cross-examined the police officer who investigated the matter, and the complainant, the crown agreed to drop the charge. The matter was resolved so that the client did not have a criminal record.

  Sexual Assault Sexual Interference

• R. v. M.S.2021

  The client was charged with sexual assault. I reached out to the crown regarding resoltuon and possible re-election. The crown agreed to the re-election and we proceeded with resoltuion discussions. This client woudl have faced a term of jail for a period of two to three years. I was able to negotiate with the crown to re-elect to proceed by summary conviction (versus by indictment), which allowed for the possiblity of a conditional sentence order (no actual jail, but restrictive conditions within the community). The client took the offer and was sentenced to an 18 month conditional sentence order (no actual jail).

  Sexual Assault Conditional Discharge

• R. v. S.R.2021

  The client was charged with sexual assault. The facts of the case were very unique. The crown made a last minute plea offer for two years incarceration. The client accepted the plea deal. The client was easily facing a lenghty term of incarceration well above the two years.

  Sexual Assault

• R. v. M.K.2021

  The client was charged with sexual assault. The allegation arose in the context of internet dating. Had the case proceeded to trial, it would have been a "he said", "she said" situation. However, it was clear that there would have been potential issues with parts of the facts and the issue of consent and how far that consent extended. With those facts, I was able to neogtiate a plea to a simple assault (section 266 of the Criminal Code) with a sentence of probation. The client was able to avoid a lenthy jail sentence, as well as avoiding registration on the Sex Offender Registry. This was an amazing outcome for the client.

  Sexual Assault

• R. v. G.P.2020

  The client was charged with sexual assault and uttering threats. This was a clear case of a situation where, with the complainant's evidence, there was no reasonable likelihood of conviction. Given that, the client proceeded with instructions to elect to have preliminary inquiry and then a trial with a jury. After the preliminary inquiry, it was even more clear that there were issues with the crown's case. The lack of evidence and inconsistencies were evident. I was persistent in trying to convince the crown of the issues with the case. Finally, my efforts came to fruition and the Crown agreed to enter a stay of proceedings, leaving my client with no criminal record.

  Sexual Assault

• R. v. M.R.2020

  The client was charged with sexual assault and sexual interference with a minor. The matter arose out of a lengthy family law dispute. The matter proceeded to a preliminary inquiry. At the preliminary inquiry, I was able to convince the crown prosecutor that they could not proceed on one of the several charges. They agreed, and at the preliminary inquiry, that charge was withdrawn. The remaining charges proceeded from the preliminary inquiry on to trial. At the preliminary I was able to make a lot of headway during my cross-examination of the complainants. There was a lot of valuable evidence that would have been useful at the trial of the matter. The matter was set for trial with a judge sitting alone at the Court of Queen's Bench. After a review of the evidence, the crown agreed to drop the charges. The client was left without a conviction.

  Sexual Assault Sexual Interference

• R. v. D.R.2020

  The client was charged with sexual assault, sexual exploitation of a young person when in a position of trust, invitation to sexual touching, and sexual interference. He pleaded not guilty and the matter was down for a preliminary hearing. At the prelim, after discussions with the crown, he agreed there was not much to go on, and that at most it was an assault. The crown offered a 6 month peace bond, which the client accepted. The charges were then stayed.

  Assaults Sexual Assault Sexual Interference

• R. v. A.A.2020

  This was a matter that had proceeded with a preliminary inquiry and the complainant testified. It was clear from my cross-examination that the complainant had consented to the sexual interaction between herself and the client. Despite that, the crown proceeded with the matter and a trial date was set. I was able to convince the crown that it was clear after the preliminary inquiry that there was no reasonable likelihood of conviction given the complainant's testimony on the issue of consent at the preliminary inquiry. Ultimately, the crown agreed with my assessment, and the sexual assault charge against my client was stayed - the matter was dropped. The client was left without a conviction and without a criminal record.

  Sexual Assault

• R. v. D.R.2020

  The client was charged with sexual assault, sexual exploitation of a young person when in a position of trust, invitation to sexual touching, and sexual interference. He pleaded not guilty and the matter was down for a preliminary hearing. At the prelim, after discussions with the crown, he agreed there was not much to go on, and that at most it was an assault. The crown offered a 6 month peace bond , which the client accepted. The charges were then stayed.

  Sexual Assault

• R. v. A.A.2020

  This was a matter that had proceeded with a preliminary inquiry and the complainant testified. It was clear from my cross-examination that the complainant had consented to the sexual interaction between herself and the client. Despite that, the crown proceeded with the matter and a trial date was set. I was able to convince the crown that it was clear after the preliminary inquiry that there was no reasonable likelihood of conviction given the complainant's testimony on the issue of consent at the preliminary inquiry. Ultimately, the crown agreed with my assessment, and the sexual assault charge against my client was stayed - the matter was dropped. The client was left without a conviction and without a criminal record.

  Sexual Assault

• R. v. S.S.2019

  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.

  Sexual Assault

• R. v. S.G.2019

  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.

  Sexual Assault

• R. v. R.C.2019

  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.

  Sexual Assault

• R. v. E.S.2019

  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.

  Sexual Assault

• R. v. M.K.2019

  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.

  Sexual Assault