Author Archives: browns

Trust Fraud Results in rare CSO, instead of Jail

PROPERTY/THEFT OFFENCES Results No Comments
Charge(s):

CC: s. 380(1)(a) – Fraud over $5000

Allegations:

Over a period of 9 months, my client defrauded her employer of over $23,000 by falsifying the hours worked by herself as well as her husband. As a manager, she was entrusted to submit accurate overtime hours worked by the employees within her department. This crime was only was discovered after her husband called to inquire about a T4 slip that he received. He denied having worked at all during the timeframe in question. My client had also changed his banking details, so that his paychecks would be depositted directly into her own account, without his knowledge. This triggered a full internal investigation, which resulted in her termination and a criminal charge. When confronted by the president of the company, my client provided a full confession, which was recorded.

Result:

Following extensive resolution negotiations with the assigend Crown, my client received a Conditional Sentence Order. This is a highly unusual and extremely lenient sentence for this type of offence. Normally trust thefts, in this range, result in a jail sentence of approximately 1 year. In fact, soon after this offence date, the Criminal Code was amended to prevent trust frauds from qualifying for a CSO. Now, any person convicted of a trust fraud over $5000 is certainly facing a significant period of incarceration.

Gas Station Robbery Charge Withdrawn

Results VIOLENT OFFENCES No Comments
Charge(s):

CC: s.344 – Armed Robbery

Allegations:

My client admitted to police that she helped her boyfriend to rob a gas station at knifepoint. She scoped out the location in advance and provided information about the number of employees, etc. Her boyfriend wore a a black hoodie, bandana, sunglasses and gloves, while he robbed the gas station, using a large hunting knife. He got away with cash and cigarettes. Both of them were arrested the next day.

Result:

I negotiated for my client’s charge to be diverted out of the criminal justice system and into the Extra-Judicial Sanctions program. Upon successfully completing a number of community service hours, her charge was withdrawn. No criminal record.

Drunken Rampage and Assault Police Officer Charges Withdrawn

Results VIOLENT OFFENCES No Comments
Charge(s):

CC: s.270(1)(a) – Assault Police Officer, s.129(a) – Resist Arrest

Allegations:

My client was severely intoxicated and caused a disturbance at a nice hotel. Security was called to the lounge, where my client had thrown some bar stools and was being loud and beligerant with staff members and other patrons, after being refused service. My client then attempted to engage security in a fight by taunting them and making derogatory comments. My client left the area and returned to his room. Moments later, security received another complaint tht my client had pushed some teenagers in a hallway and their parents were upset. Security confronted my client at his room, where he tried to slam the door on them and then hid in the bathroom. At this point, the RCMP were called to assist in removing him from the premises. My client then tried to start another fight with security before running away. RCMP officers assisted security in locating my client, who was hiding in a backspace near the elevators. He was talking to himself and hitting the elevators with his elbows. Police arrested him, placed him in handcuffs and, while in the process of escorting my client out of the building, my client dropped his weight to the floor, tripping and pulling the officers down with him. One officer fell on his back and the other officer fell on top of my client. My client continued to resist and to swear at the officers during his arrest processing at the police station.

Result:

I negotiated a referral to the Alternative Measures Program on the resist arrest charge only. My client was required to write letters of apology to the hotel and to the police, as well as to make a charitable donation of $100 to the local food bank. All charges were withdrawn. No criminal record.

Shoplifting Charge Withdrawn

PROPERTY/THEFT OFFENCES Results No Comments
Charge(s):

CC: s.334(b) – Theft Under $5000

Allegations:

My client stole some children’s clothing from a department store.

Result:

I negotiated a diversion to the Alternative Measures Program. After making a small charitable donation of $200 and writing a letter of apology to the store, the criminal charge was withdrawn. No criminal conviction.

Prolific Thief Gets Away with Stealing a Large Plasma Television

PROPERTY/THEFT OFFENCES Results No Comments
Charge(s):

CC: s.334(b) – Theft Under $5000

Allegations:

My client stole a 51” Samsung Plasma TV from The Brick. A store employee recognized my client a few days later at a local drug store and tried to detain him with his friend as the police were called, but my client got away. The employee told police that my client picked up this large, heavy television, still in its box, and ran through the store to the warehouse bay door to a waiting car. The employee gave chase to the car, but they got away. A few days later, my client was arrested in a different stolen vehicle.

Result:

This matter was scheduled for trial. My client is disabled and incapable of lifting such a large and heavy television, let alone capable of running with it in his arms. I obtained from my client’s doctor a large volume of medical records supporting this theory. In addition, my client’s friend, who is currently a serving inmate at the Drumheller Penitientiary, provided a statement to police, wherein he alone accepted full responsibility for the theft. Despite serious doubts, and despite my client’s lengthy and related criminal record, which includes approximately 30 convictions, many of which are for thefts, frauds and robberies, the Crown conceded that in the circumstances there was no reasonable likelihood of a conviction and agreed to withdraw the charge. No criminal conviction.