Successes

Regina v. E.P.

Client charged with Driving with Excess Blood Alcohol. At the police station, client provided two samples of 160 mgs alcohol/100 mls of blood (twice the legal limit). At trial, counsel successfully argued that the client’s Charter rights (specifically: Right to Counsel) had been violated, and as a result, the two breath samples were excluded. Charge Dismissed.

Regina v. J.H.A.

Client charged with Aggravated Assault. Complainant suffered catastrophic brain injuries. Other counsel represented the client at his Preliminary Inquiry, and thereafter, the Crown position on a guilty plea was 6 years jail. In Superior Court, counsel was able to demonstrate that the client was only involved in shoving the Complainant, and that sometime later, an alternative suspect grievously injured the Complainant. As a result, client was able to plead guilty to Simple Assault, and received a sentence of a Conditional Discharge.

Regina v. A.C.

Client charged with Assault Bodily Harm (to wit: breaking the female Complainant’s nose). The initial Crown plea position was 30 to 60 days jail. Counsel was able to demonstrate that the client was acting in “Self-Defence”. As a result, Client was allowed to enter a Section 810 Peace Bond, and thereafter, he had his criminal charge marked withdrawn.

Regina v. B.U.

Client charged with: Dangerous Driving, Impaired Operation, and Excess Blood Alcohol. Counsel was able to demonstrate that the arresting officer did not have the requisite grounds to arrest. As a result, client resolved by way of a guilty plea to Careless Driving (H.T.A.), and thereafter, all criminal charges were marked withdrawn.

Regina v. N.N.

Client charged with Failure to Provide Breath Sample and Impaired Operation. Counsel was able to demonstrate that client lacked the intent to not provide a breath sample, and further, there were violations of the client’s Charter rights (specifically: Right to Counsel). As a result, client resolved by way of a guilty plea to Careless Driving (H.T.A.), and thereafter, all criminal charges were marked withdrawn.

Regina v. K.G.

Client charged with Possession of Heroin. From the outset, counsel diligently pursued all outstanding disclosure. Ultimately, counsel was able to demonstrate that evidence had been lost, and as a result, the charge was marked “stayed”.

R. v. H.P.

Client charged with “Dangerous Driving”, “Failure to Remain at the Scene of an Accident” & “Assault”. After lengthy pre-trial discussions centred on the credibility of the complainant, the criminal charges were withdrawn. Client received a ticket under the Highway Traffic Act for “Failure to Remain”.

R. v. J.M.

Client charged with “Driving with Excess Blood Alcohol” after breathalyzer tests revealed that his blood alcohol concentration was 140 mg. A charter motion was filed alleging that the clients “right to counsel” was violated on the basis that he was not provided an interpreter. On the day of trial, the criminal charge was withdrawn and the client received a ticket under the Highway Traffic Act for “Careless Driving”.

R. v. S.J.

Client charged with “Possession of Property Obtained by Crime”. On the day of trial, the Crown Prosecutor decided not to call evidence on the basis that they would be unable to prove the offence. The charge was dismissed.

R. v. K.S.

Client charged with “Domestic Assault”. At trial, the client was acquitted due to the fact that there was a great deal of inconsistency in the evidence of the witnesses.

R. v. M.B.

Client charged with “Possession of a Controlled Substance” (40 grams of marijuana). After extensive pre-trial discussions and the client completing 20 hours of community service, the charge was withdrawn.

R. v. B.R.

Client charged with “Possession of Stolen Property Over $5000”. Due to issues with disclosure, the charge was ultimately stayed.

R. v. G.C.

Client charged with “Occupant of Motor Vehicle Knowing there was Unauthorized Possession of a Prohibited Weapon”, “Possession of Weapon for Dangerous Purpose x 2” and “Carry Concealed Weapon”. During lengthy pre-trial discussions, it was shown that the weapons were not in-fact unauthorized. Client completed 20 hours of community service and the charges were withdrawn.

R. v. A.C.

Client charged with “Speeding”, “Fail to Surrender License”, “Careless Driving” and “Drive Under Suspension x 2”. Crown sought 15 days jail and large fines. After lengthy pre-trial discussions, client pled guilty to 1 count of “Drive Under Suspension” and “Improper Left Turn” for a fine of $1085.00.

R. v. Z.I.

Client charged with: “Dangerous Operation of a Motor Vehicle”, “Flight While Pursued by a Police Officer”, “Stunt Driving”, “Mischief Under $5000 x 2”, “Mischief Interfering with the Lawful Use of Property”, “Mischief Endangering Life”, “Assault a Police Officer with a Weapon”, “Assault with a Weapon”, “Assault” and“Utter Threat to Property”. Ultimately, client was found “Not Criminally Responsible” due to the fact that he had an undiagnosed mental illness.

R. v. T.W.

Client charged with “Impaired Driving by Drug” and “Refuse to Submit to a Drug Recognition Expert”. Ultimately, charges were stayed (dismissed) due to the fact that it was shown that the client suffered from mental illness.