The Queen vs. The Defendant
Cases tagged as Drugs
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R. v. H.N.2022
The client was charged with possession of crack cocaine for the purpose of trafficking and possession of proceeds (money) obtained by crime exceeding $5000. This matter arose out of a drug investigation that the police had started months prior to the charges being laid. The investigation started on the basis of a police informant giving information to the police. The police then started their investigation with that information. The investigation involved undercover police surveillance and search warrants. The matter was set for a preliminary inquiry where the prosecutor would have to lead some evidence that the client was involved in the two offences. After extensive preparations for the preliminary inquiry with the client, on the date of the preliminary inquiry the prosecutor and I discussed the file. The prosecutor agreed with my assessment of the file and the weaknesses in their case, and ultimately agreed to fully dropping both charges. The client was left without a criminal record and without a conviction. If the client had been convicted of the offences he would have faced two years or more in jail.
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R. v. K.R.2022
The client was charged with multiple criminal offences including robberies, thefts, break and enters, possession of property/substances, failure to comply with release and failure to appear in court. The client also had an extensive criminal record. I entered into plea negotiations with the prosecutor and ultimately they agreed to a plea to mischief I was able to have the crown agree to global resolution and have the client only plead guilty four charges and have the rest withdrawn. The client was sentenced to a probation only.
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R. v. J.S.2021
The client was charged with trafficking cocaine to an undercover officer, and having in their possession proceeds of crime. Originally the prosecutor only offered a plea to a lengthy term of imprisonment. However, after many months of negotiations, I was able to convince the prosecutor to agree to a plea to only the possession of proceeds of crime for no jail! The client was very pleased with the result. If convicted the client was facing a lengthy term of jail.
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R. v. A.E.2021
The client was charged with possession of a controlled substance (cocaine) and possession of a prohibited weapon (baton) along with multiple traffic tickets. The client was stopped in a vehicle and the police searched it. I reviewed the disclosure and determined there were issues with the validity of the traffic stop i.e. the police did not have the grounds to stop the vehicle. The crown prosecutor agreed when I met with them, and I had all of the criminal and drug charges dropped, leaving the client with no criminal record and no convictions.
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R. v. M.V.2021
The client was charged with offences under the Cannabis Act including possessing and producing cannabis with the intention to sell or distribute it. After a thorough review of the extensive disclosure (the evidence the police had gathered), I determined that there was no evidence of knowledge, consent or control over the drugs. That is, the crown would not be able to prove possession. With that, the crown agreed to drop the charges against the client. This left the client without a conviction.
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R. v. P.R.2020
The client was charged with simple possession of a controlled substance arising out of a traffic stop. There were two people in the vehicle at the time. Upon reviewing disclosure it was clear that the crown could not prove the possession charge against my client. The client had no knowledge or control over the drugs in the vehicle, and with that the crown could not prove the possession charge. The client would have faced immigration issues with a conviction. This was the best possible outcome for the client as it left the client with no conviction and no criminal record.
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R. v. R.P2020
The client was charged with trafficking. It was an indictable matter. He pleaded not guilty and the matter was set for a preliminary hearing, to be followed by a trial with a Court of Queen's Bench judge sitting alone. On the day of the prelim, counsel had discussions, which resulted in the client re-electing to be tried by a provincial court judge. The crown amended the charge to simple possession and proceeded summarily. The client pleaded guilty to this amended charge and received a 12 month conditional discharge.
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R. v. R.P2020
The client was charged with trafficking. It was an indictable matter. He pleaded not guilty and the matter was set for a preliminary hearing, to be followed by a trial with a Court of Queen's Bench judge sitting alone. On the day of the prelim, counsel had discussions, which resulted in the client re-electing to be tried by a provincial court judge. The crown amended the charge to simple possession and proceeded summarily. The client pleaded guilty to this amended charge and received a 12 month conditional discharge.
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R. v. M.H.2019
The client was charged with possession of a forged document, fraud under $5000, possession of drugs, breaching a CSO condition, failing to comply with a probation order, and failing to attend court. He pleaded guilty to uttering a forged document and possession of drugs. The remaining charges were withdrawn. The client was in custody at the time of his guilty plea. He was given a 15 day global sentence and 18 months probation on his previous conviction.
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R. v. J.R.2019
The client was charged with possession of cannabis for the purpose of selling. After discussions with the crown, they agreed to refer the matter to alternative measures. Once the client had successfully completed the required community service hours, the charge against him was withdrawn.
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R. v. J.R.2019
The client was charged with possession of cannabis for the purpose of selling. After discussions with the crown, they agreed to refer the matter to alternative measures. Once the client had successfully completed the required community service hours, the charge against him was withdrawn.
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R. v. V.M.2019
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. T.H.2019
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.
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R. v. B.S.2019
The client was charged with three counts of possession of drugs (morphine and cocaine) and two counts of failing to comply with conditions of release (bail). He pleaded guilty to two of the possession of drugs charges. The third possession of drugs charge was dropped, as were both of the failures to comply with release. The client received a suspended sentence and a probation for a period of one year.
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R. v. T.T.2019
The client was charged with two counts of trafficking cocaine and possession of property obtained by crime over $5000.00. The file involved a lengthy investigation that resulted in more than one person being charged. After I conducted a thorough review of the evidence, I approached the crown to try to resolve the charges by way of having them dropped against my client. The crown agreed with my assessment, and all of the drug charges including the trafficking cocaine and possession of property obtained by crime were dropped. My client was left with no criminal record and no convictions.
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R. v. K.J.2019
The client was charged with possession of a controlled substance, thought to be cocaine. Upon my review of disclosure, including the returned drug analysis certificate, it was clear that no offence had been committed as the substance was not cocaine. The charge was therefore dropped, and my client was left with no criminal record and no conviction.
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R. v. N.T.2018
The client was charged with four counts of trafficking and a further count of possessing body armor. The crown initially sought the client's detention. However, I was able to negotiate the client's consent release on conditions.
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R. v. R.F.2018
The client was charged with two counts of possession of stolen property under $5000.00, resisting a peace officer, possession of drugs, failing to comply with conditions of release (bail) and failing to attend court. The client elected to plead guilty to possession of stolen property, failing to comply with conditions of release, and failing to attend court. Because the client had a lengthy prior record, the crown was seeking jail. I argued that the client should not receive any jail time. The judge agreed, and the client was released from custody that day. The remaining charges were dropped.
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R. v. N.B.2018
The client was charged with robbery and possession of drugs (marihuana). I had an uphill battle with negotiations for resolution of the matter, as the robbery charge was of course very serious. On the basis of reviewing the file, obtaining documentation and information from the client, and with my negotiation skills, I was able to convince the crown to refer the matter to the Mental Health Diversion Program. Once my client completed the requirements of the program, the robbery and drug possession charges were withdrawn (dropped). The client was left without a criminal record and without a conviction.
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R. v. A.W.2018
The client was charged with theft over $5000, theft under $5000, breaking and entering, possession (drugs), failing to comply, failing to appear and failing to attend for ID. After meeting with the crown to negotiate a resolution of the matter, the client pleaded guilty to theft under, failing to appear and theft of a motor vehicle (instead of theft over). The remaining charges against the client were withdrawn. The client had a lengthy criminal record. The client was sentenced to time served so there was no further incarceration.
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R. v. L.W.2018
The client was charged with possession of drugs (methamphetamine), two counts of possession of stolen property under $5000.00, and four counts of failing to comply with release conditions (bail). The client elected to plead guilty to the possession of drugs and possession of stolen property under $5000.00. The client was sentenced to time served. The remaining charges against the client were dropped.
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R. v. D.L.2018
The client was charged with two counts of trafficking cocaine, and possession of property obtained by crime. This was a dial-a-dope drug investigation file. The police initiated the investigation due to informant information, and then started conducting surveillance. After a lengthy investigation, the police charged my client. I reviewed the disclosure and determined that there were a number of triable issues. The client elected to have a trial at the Court of Queen's Bench sitting with a judge alone, and to have a preliminary inquiry at the Provincial Court. A trial I argued that the police violated my client's rights pursuant to the Charter of Rights and Freedoms, and that the evidence should be excluded on that basis. In the alternative, I argued that the crown was unable to prove possession beyond a reasonable doubt. The judge agreed with my arguments and the client was found not guilty of all charges, trafficking cocaine and possession of property obtained by crime. My client was left with no criminal record and no conviction.
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R. v. D.M.2018
The client was charged with three counts of trafficking drugs (cocaine) and possession of property obtained by crime under $5000.00. The police had conducted a lengthy investigation and were looking to prosecute both my client and the co-accused. On the basis of my review of the disclosure, I approached the crown prosecutor to discuss having the charges against my client withdrawn entirely. I was of the view that the crown would not be in a position to prove the allegations beyond a reasonable doubt. The prosecutor agreed, and all charges were dropped. My client was left with no criminal record and no conviction.
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R. v. J.H.2018
The client was charged with possession of drugs (marihuana). The crown agreed to refer the matter to the Alternative Measures Program. Once the client completed the requirements of the program, the charge of possession of drugs was withdrawn.
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R. v. K.K.2018
The client was charged with three counts of possession for the purpose of trafficking and possession of body armor. The charges were laid after a complex drug investigation. Upon receiving disclosure, I determined that there was likely no basis for the crown to continue with the prosecution against the client. On that basis, I approached the crown to ask them to consider dropping all of the charges. The crown agreed, and all charges were dropped. The matter was concluded successfully so that the client did not have to face potential immigration issues.
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