The Queen vs. The Defendant

Cases tagged as Mischief

  • R. v. S.N.2023

    The client was charged with criminal harassment, mischief exceeding $5000 in damage and arson (setting something on fire). The prosecutor chose to proceed with these charges by indictment which is like a felony in the United States, versus treating the offences less seriously. A conviction would have resulted in the client facing jail time. Despite the charges being very serious, the prosecutor agreed to refer all the charges to Mental Health Diversion. The client completed Mental Health Diversion and the charges were all withdrawn. The client was left without a conviction or criminal record.

  • R. v. R.S.2022

    The client was charged with assault with a weapon and mischief. The client and complainant were in a domestic relationship and during that time they had a dispute. The client suffered from mental health issues and the complainant was aware of that and wanted the charges dropped. The client provided me with information regarding her past and recent mental health dealings and enrolled in counselling as instructed. After discussions with the Crown and providing the mental health information and counselling confirmation, I was able to convince the prosecutor that there was no public interest in prosecuting the client and the charges were dropped. The client was left without a conviction and without a criminal record.

  • R. v. J.M.2022

    The client was charged with three offences under the Aeronautics Act and one count of mischief pursuant to the Criminal Code of Canada. This client was to have alleged to have vaped and consumed their own alcohol that they had brought onto the plane during the flight. These charges would have had serious implications for the client's employment and travel if convicted. I worked closely with the client to have the client complete counselling and treatment. I was able to persuade the prosecutor to drop both charges completely. This left the client without a conviction and without a criminal record.

  • R. v. C.M. 2022

    The client was charged with four charges of assault and three charges of mischief (damage to property) under $5000. Given the client's extensive history of trauma and mental health issues, as well as other factors, I was able to convince the judge to agree to a sentence of a conditional discharge. This is the best possible sentence the client could have received in the circumstances.

  • R. v. D.K.2021

    The client was charged with assault with a weapon, mischief, and multiple traffic tickets. After early case resolution discussions with the Crown, the client was approved and accepted into the Alternative Measures Program. The charges and tickets were withdrawn upon completion of the program. The client was left with no criminal record and no convictions for any of the criminal charges. The traffic tickets were also withdrawn.

  • R. v. J.L.2020

    The client was charged with mischief and break and enter. I was able to convince the crown to divert the charges from the justice system and the client successfully completed the Mental Health Diversion Program. The charges were then withdrawn.

  • R. v. J.B.2020

    The client was charged with mischief (damage to property). The client had previously completed a diversionary program for other charges and those charges were dropped. I was able to negotiate with the crown to have this new charge dropped as well.

  • R. v. J.K.2020

    The client was charged with arson and mischief (damage to property over $5000). The matter was serious, as there was significant damage done to the property. At first, the crown was looking for a jail sentence if the client would have been convicted or pled guilty. However, after several back and forth negotiations with the crown, I was able to secure a non-custodial (no jail) sentence for the client.

  • R. v. J.B.2020

    The client was charged with theft under $5000, mischief, and robbery. The client was a youth at the time offence and suffered from mental illnesses. After discussions with the crown regarding early case resolution, the crown agreed to allow the client to divert to the mental health diversion program to resolve these charges. Upon completion of the mental health diversion program, all the charges were withdrawn.

  • R. v. M.A.2020

    The client was charged with assault with a weapon, mischief, and unlawfully being in a dwelling house. The circumstances of the allegation were that the young person who was gainfully employed, was involved in a relationship that was tumultuous. I was able to explain the situation to the crown prosecutor, showing that the client was the real victim and had the charges dropped upon restitution being paid for damage to some of complainant's property. This was the best case scenario outcome that was achieved as the client's employment would have been at risk with a criminal record.

  • R. v. C.M.2020

    The client was charged with two charges of mischief (damage to property) under $5000. The allegation arose when there was a dispute between the parties. After presenting the crown with my assessment of the matter, and a proposed resolution, the crown agreed to outright withdraw the charges against my client. My client was left with a clean record and no conviction.

  • R. v. C.B.2019

    The client was charged on three different dockets. On one docket he was charged with assault causing bodily harm, extortion, mischief endangering life, and uttering threats. On the other two he was charged with failing to comply on one and failing to appear on the other. He pleaded guilty to assault causing bodily harm, uttering threats, mischief, and failing to appear. The other charges were withdrawn. He received a sentence of 12 months incarceration, followed by 18 months of probation. Since he had been in custody, he had some pre-trial credit, which meant he had four months left to serve. There were also some ancillary orders (primary DNA and s. 109 prohibition) imposed.

  • R. v. C.M.2019

    The client was charged with mischief to property under $5000. After having discussions with the crown, counsel were able to reach a resolution. The client paid restitution to the complainant and the charge against him was withdrawn.

  • R. v. N.H.2019

    The client was charged with mischief. Initially he was charged with mischief over $5000. As the matter proceeded, the crown laid a new information to reduce the charge to mischief under $5000. After ECR discussions with the crown, a resolution was reached. The client paid restitution to the complainant. Once proof of delivery of the funds was received, the crown withdrew the charge.

  • R. v. H.C.2019

    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.

  • R. v. J.M.2019

    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.

  • R. v. D.G.2019

    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.

  • R. v. R.T.2019

    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.

  • R. v. K.W.2019

    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).

  • R. v. M.L.2019

    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.

  • R. v. C.R.2019

    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.

  • R. v. C.K.2018

    The client was charged with assault with a weapon, assault, mischief to property, failing to comply with an undertaking, two counts of failing to comply, and failing to comply with a provision of a protection order. The client pleaded guilty to assault with a weapon, failing to comply with an undertaking and failing to comply with a provision of a protection order. The crown was initially seeking a term of incarceration, however, upon negotiating with the crown, I was able to convince them to agree to a term of probation. This took into account a prior related record.

  • R. v. M.J.2018

    The client was charged with assault and mischief. After discussions with the crown, they agreed to withdraw the charge and allow the client to enter into a one-year peace bond.

  • R. v. D.T.2018

    The client was charged with assault, mischief, and failing to remain at the scene of an accident. The allegations were serious and arose in a domestic situation. I approached the crown with respect to resolution of the matter, and after much negotiating, the crown ultimately agreed to stay the charge.

  • R. v. C.F.2018

    The client was charged with assault, assault with a weapon, forcible confinement, uttering threats, careless use of a firearm, unauthorized possession of a firearm, possessing a firearm contrary to a prohibition order, sexual assault and mischief. Initially the matter was set down for trial after a not guilty plea was entered. At the first trial date, I filed a notice alleging a breach of my client'’s rights. On the basis of that, a new trial date was set. Prior to second trial date, I filed yet another notice that related to breaches of my client's rights due to the lack of disclosure. Two days prior to the start of the second trial date, the crown stayed the charges. The matter was concluded. All of the charges were dropped.