Author Archives: browns

False Report of Shooting (Calgary) – Charge Withdrawn

Charges:
CC: s.140(1)(C) – Public Mischief (Falsely Reporting a Crime).

Allegations:
My client called 911 and reported that he had been shot by his neighbour and that he was bleeding to death in his apartment.  When police could not locate him, he advised them that he was now at the park.  They searched the park, but could not find him.  They returned to his apartment, and continued to knocked on his door, but there was no response.  They took into custody some of his neighbours, but could not locate any firearms.  Finally, they forced their way into my client’s apartment, and found him standing there.  He was extremely intoxicated and had no injuries. He was apprehended on a Form 10 due to serious Mental Health concerns.

Result:
Charge Withdrawn.  Crown withdrew the charge on the day of Trial.

Shoplifting, Again (Calgary) – Charge Withdrawn

Charges:
CC: s.334(B) – Theft Under $5000.

Allegations:
My client stole some clothing from a Sears store.  Because she had already been diverted to the Alternative Measures Program, just the year previous, for the same crime, she did not qualify for AMP again, and the Crown was rightly refusing to refer her again.  However, I successfully convinced them to refer her again anyway.

Result:
Charge Withdrawn.  Alternative Measures Program, again.

Assault & Attempted Kidnapping (Calgary) – Counsel Withdrew

Charges:
CC: s.279(1)(A) – Kidnapping / Child abduction, s.267(B) – Assault Causing Bodily Harm x 2, s.279(2) – Forcible Confinement, s.270(1)(A) – Assault Police Officer x 2.

Allegations:
My client opened a car door, grabbed the right arm of a 9 year-old girl, and violently tried to pull her out of the vehicle.  Her mother screamed and grabbed her daughter’s left arm and pulled against my client’s efforts to take her daughter.  She was crying and screaming hysterically for help.  A man passing by heard this and ran toward them to help, so my client ran away.  The man chased after my client, caught up to him a few blocks away, escorted him back to the scene, and detained him until the police arrived.  During an interview at the police station, my client became agitated, opened the door, and tried to leave.  The police officer tried to stop him. My client fought with him, then several other police officers arrived running toward the room, and forcibly tackled him to the ground.  In the process, he punched an officer in the mouth.  On a different date, while in custody, after being detained and held at the Southern Alberta Forensic Psychiatry Centre, my client was waiting for his medication, when a nurse and Correctional Officer walked by him.  He stood up suddenly and punched the nurse in the face for no apparent reason.  When the officer noticed what occurred, and made eye contact with my client, he immediately began attacking the officer, and punching her in the head repeatedly.  After she managed strike him back, he ran away and locked himself inside his cell.

Result:
As a result of a conflict of interest, I had to withdraw from the record before Trial.

Domestic Violence (Calgary) – Charge Withdrawn

Charges:
CC: s.266 – Assault.

Allegations:
My client had an argument with his wife because she transferred a $50,000 payment from their joint account to her own account, and refused to transfer it back.  My client prevented her from leaving the house, slapped her in the face several times, and took her purse away from her.  She called police.  He tried to leave, but she was still holding onto her purse tightly, so he pushed her, causing her to fall backwards, and hitting her head on the floor.  She told police that the abuse was ongoing, and was recently escalating.  A couple of weeks before, he assaulted her, threatened to kill her, and burned her arm with a hot frying pan.

Result:
Charge Withdrawn.  Resolved with a Peace Bond.

Boyfriend Sexually Assaulting Girlfriend (Cochrane) – Charges Withdrawn

Charges:
CC: s.266 – Assault x 3, s.271 – Sexual Assault x 2

Allegations:
My teenaged client assaulted his girlfriend of 1.5 years numerous times.  One charge related to him grabbing her thighs and pinching her hard multiple times, and in a non-playful manner, resulting in bruises all up her thighs.  Another time, his girlfriend discovered he cheated on her and she slapped him, so he punched her in the face and knocked her to the ground.  Another time, he had gotten into an argument with his brother and was angry.  His girlfriend was sitting with her back against the couch when he approached her and kicked her in the face for no reason.  Regarding the sexual assault allegations, while on the school bus one day, he noticed that she was upset about something and crying.  He sat beside her and grabbed her face and tried to force her to kiss him.  When she resisted and pulled away, he pulled out his erect penis and began to masturbate in front of her.  He then forced his hand inside her panties and grabbed her vagina.  She tried to fight him off, but he continued to force his fingers inside her.  When she reported it, he threatened to beat the shit out of her.  On another occasion he pushed her head down between his legs to his penis, and held it there, demanding that she perform oral sex on him.  She refused and tried to pull away several times, but he kept trying to force her.

Result:
Charges Withdrawn.  Resolved with a Peace Bond.