Criminal Defence Lawyer Calgary

All Charges Withdrawn in Violent Attack with a Knife While on Bail for Stabbing

  • 8 April 2015
Charge(s):

CC: s.88(1) – Possession of a weapon for a Dangerous Purpose, s.266 – Assault, s.267(a) – Assault with a Weapon, s.264.1 – Uttering Death Threats, s.430(4) – Mischief, s.145(3) x 4 – Breach of Recognizance; CDSA; s.4(1) – Possession of a Controlled Substance

Allegations:

My client entered his girlfriend’s bedroom (in his house) and found her in bed with his friend and roommate. He became enraged and attacked both of them by throwing his girlfriend and repeatedly punching his friend and trying to choke him. He then smashed his friend’s laptop computer and struck him by throwing glass mugs at him. He then produced a knife and threatened to kill him. The police attended and found some marijuana in my client’s room. He was on bail for allegedly stabbing another person at the time of this incident.

Result:

On the day of trial, none of the witnesses appeared, therefore the Crown entered a Stay of Proceedings in relation to all charges against my client. No criminal convictions.


Stabbing Charge Reduced to a Weapon Offence and a Fine

  • 8 April 2015
Charge(s):

CC: s.267(a) – Assault with a Weapon, s.267(b) – Assault Causing Bodily Harm, 145(3) – Breach of Recognizance

Allegations:

Following an altercation with some guys at a house party, my client returned to his residence, retrieved a kitchen knife, and returned to the residence in order to confront a particular individual. During a fight, out on a sidewalk, with two other guys, my client stabbed one of them with this knife in the gut. He was on bail for another incident (also involving an assault with a knife) at the time of this offence, and therefore was in breach of his release conditions.

Result:

On the day of trial, my client accepted the Crown’s proposal to resolve by way of guilty pleas to “possession of a weapon for a dangerous purpose” and the breach. All other charges were withdrawn. He paid fines totalling $750. No jail.


No Jail for Extremely Drunk Driver Failing to Stop for Police & FTAC

  • 8 April 2015
Charge(s):

CC: s.253(1)(b) – Driving with blood/alcohol content over .80%, s.253(1)(a) – Impaired Driving, s.249.1(1) – Fail to Stop while being Pursued by a Peace Officer, s.145(5) – Fail to Attend Court

Allegations:

My client was travelling, at speeds exceeding 150 kms/hr, down Deerfoot Trail. The police pursued him with lights flashing and horns blaring. My client appeared to slow down as though to pull over, but continued and appeared to accelerate. It took the police a while to finally get him to pull over. He appeared to be extremely intoxicated. He blew three times over the legal limit. There were two passengers in his vehicle. He subsequently failed to attend court and a warrant for his arrest issued.

Result:

The Crown was seeking a period of incarceration. I tendered pleas of “not guilty” and scheduled the matter for trial, on the basis of significant triable issues. Prior to the trial date, the Crown agreed to accept a guilty plea to only the over .80% charge and to withdraw all other charges. Given all of the aggravating factors, he received a fine of $2500. No jail.


Breaches of an Ontario Matter Withdrawn

  • 8 April 2015
Charge(s):

CC: s.145(5.1) – Fail to Comply with Undertaking, s.145(5) – Fail to Attend Court

Allegations:

My client was released on an undertaking to a Peace Officer, in relation to charges in Ontario. After getting pepper sprayed in relation to an incident in Calgary, CPS discovered that he was bound by these terms of release, one of which was a requirement to carry a copy of his conditions at all times. Police also discovered that the Ontario matters were at warrant status for failing to attend court as directed.

Result:

Given that the Crown would most likely be unable to prove these charges, as they stem from Ontario, I tendered pleas of “not guilty,” and scheduled both matters for trial. Within a short time, the Crown sent me a letter, indicating that they were withdrawing both charges. No criminal convictions.


Violent Offender Gets Probation Again for Attacking Police While on Release

  • 8 April 2015
Charge(s):

CC: s.270(1)(a) – Assault Peace Officer, s.129(a) – Obstruct Peace Officer, s.264.1(1)(a) – Uttering Death Threats, s.733.1(1) – Breach Probation

Allegations:

My client was observed by police to be acting beligerantly with security staff at the Drop-In Centre. The police intervened and tried to get him to leave. My client, who was extremely intoxicated, began to fight with the police and threatened to kill them, as well as several D.I. patrons. He was swearing, yelling, spitting and acting completely out of control, so the police tasered him a couple of times. He had just been released from custody that day for other violent offences, including assault causing bodily harm. He was also bound by a probation order.

Result:

He received a sentence of time served in pre-trial custody, followed by another probation order, requiring him to attend for residential treatment for his alcohol addiction and other personal issues.


Serious Violent Offender Gets Probation and Charges Withdrawn

  • 8 April 2015
Charge(s):

1) CC: s.267(B) – Assault Causing Bodily Harm; 2) Assault with a Weapon x 2, Possession of a Weapon for a Dangerous Purpose, Breach of Undertaking x 2.

Allegations:

My client had two separate sets of charges. First, my client admitted to punching and kicking the victim to the point of unconsciousness. Then, five days later, while on release for the first offence, he attacked two other people, by striking them in the head with a rock inside a sock, knocking one unconscious and sending both to the hospital.

Result:

Regarding the first offence, he pleaded guilty and received a sentence of time served (42 days) in pre-trial custody, followed by a period of probation. Considering his criminal record, the Crown was seeking a lengthier period of incarceration. Regarding the second set of charges, he pleaded “not guilty.” The victims were unable to be located for the purpose of serving them with a subpoena to attend the trial. Consequently, all charges were withdrawn.


Crack Dealer gets a CSO

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of trafficking (crack cocaine), s.4(1) – Possession (Marijuana); CC: s.354: Proceeds of Crime, 129(a) – Resisting arrest, 145(2)(a) – Failure to Attend Court.

Allegations:

My client was selling crack cocaine in a back corner of the Cecil Tavern. A search incident to arrest revealed that he had some marijuana on his person, as well as a total of 49 rocks of crack cocaine. He was combative with police during his arrest. He subsequently failed to attend court and a warrant for his arrest issued.

Result:

The Crown was initially seeking a custodial sentence in the range for a penitentiary term of imprisonment. He ended up receiving a conditional sentence order for 18 months, with conditions including house arrest for 6 months. No jail.


Two Weeks for Multiple and Repeated Breaches

  • 8 April 2015
Charge(s):

CC: s.137 x 8 – Breach of Youth Court Order, s.145(3) x 18 – Breach of Recognizance, s.811 – Breach of Court Order, s.334(b) – Theft

Allegations:

My client repeatedly breached numerous conditions of several different court orders.

Result:

The court refused to release him again after the last set of breaches. He got out with time served (2 weeks) and a global fine of $500.


Charges Withdrawn in Violent B&E and Assault with a Butcher Knife

  • 8 April 2015
Charge(s):

CC: s.348(1)(b) – Break & Enter and Commit Indictable Offence, s.127 x 2 – Disobey Court Order, s.267(a) – Assault with a Weapon

Allegations:

My client attended at her estranged husband’s residence, where he was having dinner with their 3 children and the new nanny. There was a restraining order in place to prevent her from having any contact with him. She was extremely upset and had tried to kill herself. Despite being told to leave repeatedly, and refusing to do so, she managed to storm into the house. She was quickly forced back out and left, only to return shortly thereafter, when she eventually managed to kick in the front door and gain entry. The kids were told to hide in the basement, while he tried to prevent her from getting to them. She ran to the kitchen, pulled out a butcher’s knife and tried to stab him. His son, grabbed a bayonet and was about to stab her with it, when his father wrestled the knife away from her. He then picked her up and threw her off the deck, whereupon she sustained some injuries. After laying unconscious on the ground for a while, she got back up and again tried to kick in the door while yelling and screaming. They held the door shut and barricaded it closed until the police arrived.

Result:

The Crown was seeking a custodial sentence. However, on the day of trial, and after extensive negotiations, the Crown entered a stay of proceedings on all charges, resulting in no criminal convictions.


Drunk Driver Avoids Jail Again

  • 8 April 2015
Charge(s):

CC: s.254(2) – Refusal to Comply with a Breath Demand, s.259(4) – Drive While Disqualified, s.145(2)(a) x 2 – Fail to Attend Court

Allegations:

My client was pulled over after being observed pulling out of the parking lot of a bar at 2:30am, with a car full of drunk people. Her licence was suspended 3 months earlier for impaired driving conviction. She refused to provide a sample of her breath into a roadside screening device. She then failed to attend court twice.

Result:

On the day of trial, the Crown agreed to withdraw the refusal charge. My client pleaded guilty to driving while disqualified and one failure to attend court charge. The Crown was seeking 2 months jail. Instead, my client received fines totaling $850, with 8 months time to pay. No jail time.


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