Theft, Fraud, Forgery & Other Property Related Offences 2018

R. v. J.E., 2018

The client was charged with four charges of possession of stolen property, four charges of uttering a forged document and four charges of fraud under $5000.00. I was able to negotiation a joint submission for a conditional discharge for my client, leaving her without a conviction.

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.

R. v. D.M., 2018

The client was charged with possession of stolen property under $5000.00 and theft over $5000.00. I met with the client and obtained information and documentation from him that assisted me with negotiating with the crown for the matter to proceed to a diversion program. Once the client completed the requirements of the program, the charges against the client were withdrawn. The client was left with no criminal record and no conviction.

R. v. M.H., 2018

The client was charged with theft under $5000.00. This was a shoplifting matter. The client was referred to the Alternative Measures Program. Upon completion of the requirements of the program for this theft charge, the charge was withdrawn.

R. v. W.W., 2018

The client was charged with possession of stolen property under $5000.00. Although the client had a record for related matters, I negotiated with the crown to have the matter referred to the Mental Health Diversion Program. Once he was determined to be a fit for the program, he then completed the requirements of the program and the possession of stolen property under $5000.00 charge against him was dropped. My client was left with no conviction for this matter.

R. v. M.H., 2018

The client was charged with theft over $5000.00 and theft under $5000.00 (two separate incidents). One of the allegations was a theft from employer. I convinced the prosecutor to agree to no actual jail and to reduce the one charge to a theft under $5000.00 versus over $5000.00. The client was sentenced to a conditional sentence order so did not have to spend time in jail.

R. v. S.W., 2018

The client was charged with two counts of possession of property obtained by crime under $5000.00, theft under $5000.00 and failing to appear at court. The client had a related record. The crown was initially seeking a sentence of probation or jail. I met with the crown and they agreed to a plea for a fine instead, to one charge of possession of property under $5000.00 and one theft under $5000.00 charge. The remaining charges were withdrawn.

R. v. H.C., 2018

The client was charged with multiple counts of fraud, possession of stolen property, identity theft, and other similar property and fraud related charges. The client was facing significant jail time, but I convicted the prosecutor to reduce the amount of jail time to time served, with probation to follow for some of the charges. The remaining charges were withdrawn.

R. v. A.B. et al., 2018

The clients were charged under the Wildlife Act with possessing wildlife, hunting wildlife without a license, using another person’s license, and allowing another person to use their license. The clients were charged years after the offence. Once I received disclosure, I determined that two of the clients weren’t even in Canada at the time of the allegation. After lengthy discussions with the crown, I had all of the charges against all clients withdrawn given the significant delays in time and given there was no reasonable likelihood of conviction.

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.

R. v. M.F., 2018

The client was charged with mischief (damage to property) and public intoxication. I had the public intoxication ticket dropped outright. I then had resolution discussions with the crown on the remaining mischief charge. The crown agreed to drop the mischief charge outright. My client was left without a criminal record and without a conviction.

R. v. N.K., 2018

The client was charged with two counts of theft under $5000 in relation to an allegation by their employer (trust theft). I had the client complete some tasks for me, which would assist me in my negotiations with the crown. I met with the crown, discussed the matter, and they agreed that with the information I provided to them, the charges could be withdrawn. The client thus avoided a criminal record and a conviction.

R. v. Z.M., 2018

The client was charged with six counts of using a forged document and four counts of possession of stolen property. The client pleaded guilty to three counts of using a forged document and three counts of possessing stolen property. The remaining four charges were withdrawn. As a result of the guilty plea, the client was sentenced to a nine-month conditional sentence order, followed by nine months of probation. A victim fine surcharge was also imposed. This is a matter where the client was facing lengthy jail time. However, I was able to negotiate with the crown so that the client avoided jail time and could serve his sentence in the community while maintaining their employment.

R. v. T.B., 2018

The client was charged with mischief and a breach of his undertaking. After discussions with the crown, both charges were withdrawn on the first court date.

R. v. J.C., 2018

The client was charged with theft of a motor vehicle, possession of stolen property under $5000 and failing to appear for ID. This was a historical matter. I met with the crown to resolve the matter. The crown agreed to withdraw the charges.

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.

R. v. R. v. J.F., 2018

The client was charged with theft under $5000. I successful negotiation withdrawal of the charge upon the return of the items to the complainant through the police. The client avoided a criminal record/conviction.

R. v. R. v. S.V., 2018

The client was charged with possession of stolen property over $5000 (motor vehicle), using a forged document and having no insurance. The client pleaded guilty to the possession charge and the other two counts were withdrawn. The crown initially requested the judge sentence the client to a term of probation which would have left the client with a criminal conviction. I urged the crown to agree to a conditional discharge, which they eventually did. The judge agreed to the conditional discharge, and the client was spared a conviction on their record.

R. v. C.M., 2018

The client was charged with theft under $5000. The file was referred to Alternative Measures and was withdrawn after successful completion of the requirements.

R. v. D.B., 2018

The client was charged with possession of stolen property under $5000 (license plate). I met with the crown to resolve the matter, and the crown agreed to do so by withdrawing the charge against the client.

R. v. S.L., 2018

The client was charged with possession of stolen property, dangerous driving, failing to stop vehicle and failing to comply. The client was further charged in a different jurisdiction for theft of a motor vehicle, failing to appear and failing to comply. The client pleaded not guilty to the possession of stolen property et al charges and they were set down for trial. At trial her matters from both jurisdictions were before the court. The client pleaded guilty to an amended charge of possession of stolen property under $5000 and all the rest were withdrawn. As the client was in custody at the time of trial, the client received time served.

R. v. N.G., 2018

The client was charged with mischief for damaging a colleague’s property. I was successful in having the matter referred to the Alternative Measures Program. Once the client completed the requirements, the charge was withdrawn, and I sent a letter to the police requesting the destruction of the client’s fingerprints and identification information.

R. v. L.M., 2018

The client was charged with three counts of breaching a probation order that the client was sentenced to in relation to fraud charges. The pleaded guilty to two of the counts and the third was withdrawn. The client received a sentence of 14 days in jail given his prior related record for which the client had received a lengthier sentence than the one I was able to secure for the client.