Author Archives: browns

Assault with a Weapon and Other Charges Dropped for Counseling

FAIL TO COMPLY OFFENCES OTHER OFFENCES PROPERTY/THEFT OFFENCES Results VIOLENT OFFENCES No Comments
Charge(s):

CC: s.267(a) – Assault with a Weapon, s.430(1)(a) – Mischief, s.129(a) – Resisting Arrest, s.264(2)(b) – Criminal Harrassment (repeated communication), s.264(2)(c) – Criminal Harrassment (besetting dwelling house)

Allegations:

My client and his wife had recently separated and he was having great difficulty accepting their failing relationship. While picking up some personal items, that his wife left for him, he saw her in the parking lot with their two kids. She was with her friend and her two small children too. He approached them and attempted to persuade her into reconciling their relationship. She was not interested and refused to listen to him. He became enraged and started yelling at her, forcing her and her friend and the four children to lock themselves inside the vehicle as they feared for their safety. He went to his vehicle and retrieved a tire iron, returned to her vehicle and smashed her driver’s side glass, causing minor injuries to her left arm. He fled the scene prior to police arrival, yelling to her that he would return and cause further damages to her vehicle. A warrant issued for his arrest, as his whereabouts remained unknown.His wife soon after obtained an Emergency Protection Order against my client.Three weeks later, my client attended at his wife’s residence again. She called 911, while he was at her front door, trying to talk to her and gain access inside her apartment. She barricaded the door with a dresser and took her children to a safe room. She was ferful for her safety and for the safety of her children. Police located my client inside the stairwell to the building and advised him that he was under arrest. He provided police with a different name and then tried to escape by pushing his way past the offciers and run down the stairs. He was taken into custody and handcuffed.

Result:

I persuaded the Crown to withdraw the assault with a weapon charge, in exchange for guilty pleas to the charges of mischief, resisting arrest and one count of harrassment. Given my client’s fragile emotional state, I requested a Pre-Sentence Report, as well as a Psychological Assessment. Neither report was prepared in time for the sentencing, so ratehr than adjourning, we proceeded without them. By way of penatly, he received a suspended sentence and a period of probation for 18 months, with conditions that he attend for assessment and counseling as directed in order to assist him in coming to terms with the probems in his life.

Three-Time Drunk Driver Causing Two Accidents Avoids Jail

DRIVING OFFENCES FAIL TO COMPLY OFFENCES Results No Comments
Charge(s):

CC: s.253(1)(a) x 2 – Impaired Driving, s.254(5) x 2 – Refusal to Provide a Breath Sample, s.145(5) – Fail to Attend to Identification, s.145(5) – Fail to Attend Court

Allegations:

While driving under the influence of alchol, my client was reported by witnesses to be driving erratically on McNight Blvd. weaving through traffic, trying to squeeze in between two cars and eventually colliding into the rear of another vehicle. My client then tried to drive away, but hit the other car again. The driver of the other vechile wrestled the keys out of my client’s ignition, as he believed my client to be drunk. Police arrived while EMS were attending to my client. Upon opening the side door to the ambulance, my client tried to grab a hold of the police officer’s duty belt. The officer my client reeked of alcohol and had a blank stare through glossy eyes. My client stumbled out of the ambulance, losing his balance. After placing my client under arrest, and making a breath demand, my client replied: “owwwwweeeee!” (howling like a wolf). He then told the officer that he loved him and wanted a hug, stating: “we don’t need the police.”. He was staggering, slurring and mumbling incoherent words, was repeatedly falling asleep while officers were dealing with him. He evenutally fell to the floor of his cell and passed out. A couple of months later, he failed to attend for fingerprinting and later failed to attend court as well, so warrants issued for his arrest.One year later, while driving under the influence again, my client failed to stop at a red light and collided with the rear of a van. He exited his veichle and began yelling at the female driver of the van. Upon arrival at the scene, police noted that my client was having difficulty handling his documents, was extremely unsteady on his feet and almost tripped over backwards while trying to pick up his dropped registration. He had red, glassy eyes and a strong smell of alcohol coming from his breath. Again, he refused to provide a breath sample. Police also found a crack pipe in his pocket.

Result:

My client pleaded guilty to two of the impaired charges and failing to attend court. The other charges were withdrawn. He had a prior conviction on his record for impaired driving and failing to stop at the scene of an accident. However, the Crown did not rely upon these convictions to seek a greater punishment. Nonetheless, he ought to have received a sentence involving a minimum term of imprisonment of 30 days. However, I argued a technical legal principle from the Supreme Court and the Court did not impose any jail. Instead, my client was ordered to pay a total of $3600 in fines, with 16 months time to pay.

Fine, instead of Community Service Hours

FAIL TO COMPLY OFFENCES Results No Comments
Charge(s):

CC: s.733.1(1) – Breach of Probation Order

Allegations:

My client was accused of failing to complete 50 hours of community service work, ordered by the court, in relation to a probationary sentence imposed for other offences.

Result:

My client worked up north in isolated camps and was therefore unable to complete the hours, so he tendered a plea of guilty and ended up paying a fine of $500, instead of doing the community service hours.

Criminal Harassment and Stalking charges dropped

FAIL TO COMPLY OFFENCES OTHER OFFENCES Results VIOLENT OFFENCES No Comments
Charge(s):

CC: s.264(2)(a) x 2 – Criminal Harrassment (repeated following), s.264(2)(b) x 2 – Criminal Harrassment (repeated communication), s.264(2)(c) x 2 – Criminal Harrassment (besetting dwelling house), s.264(2)(d) x 2 – Criminal Harrassment (threatening conduct), s.127(1) x 2 – Breach of Restraining Order.

Allegations:

The details of these offences are complex and lengthy. However, my client was essentially accused of harrassing, stalking and threatening the complainant and her husband at various locations throughout the course of nearly 14 months. My client and the complainant were involved in an intense extra-marital affair together. When her husband found out, he ordered an end to it and, together, they obtained a restraining order against my client. However, he repeatedly violated the conditions to avoid her, as they pursued their sexual relations.

Result:

All charges were eventually dropped. My client entered into a peace bond, promising to avoid communicating with her or her husband for a period of one year. No criminal convictions.

Harassment Charges Disappear!

FAIL TO COMPLY OFFENCES OTHER OFFENCES Results VIOLENT OFFENCES No Comments
Charge(s):

CC: s.145(5.1) – Breach of Undertaking x 2, s.264 – Criminal Harrassment

Allegations:

As a result of committing an assault upon his girlfriend, my client was bound by undertaking to avoid communicating with her. About 10 days later, my client sent text messages to her and was warned not to do that again. Then, about one week after that, he sent obscene images to her via text message. Also, he had been seen driving by her house 4 or 5 times per day, blasting his music and revving his engine very loudly as he drove by. He would also park near her workplace and watch her through the windows. He would also blast his music and rev his engine loudly to get her attention.

Result:

The day prior to his scheduled trial date, the Crown fell ill and was requesting an adjournment. I opposed the adjournment but offered to resolve it through a Peace Bond. The Crown agreed. However, on the day of trial, the complainant failed to attend, so all charges were withdrawn. Despite my client having a criminal record, including a prior conviction for domestic assault, all of his charges were withdrawn. No criminal convictions.