CC: s.430(1)(a) – Mischief; GLA: s.115(1) – Public Intoxication, s.UHRRR: s.107(1) – Tampering with a Motor Vehicle
My client, while extremely intoxicated and under the influence of narcotics, was seen stumbling around through a residential neighbourhood. When asked to get off someone’s property, my client approached their front door and attempted to confront them. The home owners locked themselves inside and called the police, while my client banged on their front door and damaged their garage door. He was then observed to be pulling at the door handles to their truck, with his pants down. When police arrived, he was still trying to get into their truck. While being transported to the police station, my client defecated and urinated himself and vomitted repeatedly.
I tendered pleas of “not guilty” to all charges and scheduled a trial date. On the day of trial, the Crown entered a Stay of Proceedings, efectively withdrawing the criminal charge, as well as the tickets. I had persuaded the Crown that because this was an offence of specific mens rea, and because he was certainly in a state of advanced intoxication, he could not possibly have formed the requisite intent to commit this particular criminal offence. No criminal convictions.