Author Archives: browns

Spousal Assault, Firearms and Breaches, all Withdrawn

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

CC: s. 266 – Assault, s.86(1) – Careless Storage of a Firearm, s.145(3) x 2 – Breaches of Recognizance; PAFVA: s.13.1(1(a) x 2 – Breaches of Emergency Protection Order

Allegations:

My client was accused of assaulting his wife during a heated argument over car keys by grabbing her and throwing her to the floor. She claimed that she cried out to their teenage son for help and that he had to physically pull my client, his father, away from his mother. Police seized a dozen various types of firearms scattered on the floor and shelves of the closet and ammunition within close proximity. One firearm in particular, a .22 Ruger was found in its case with 25 rounds of ammunition in the clip and ready for use. Within a few weeks of his release from custody, he was charged with breaching his conditions to stay away from her and to not attend at her residence. She reported numerous complaints in this regard, including, him telephoning her, sending her text messages, meeting her at a restaurant and going into her house and garage.

Result:

Both matters were scheduled separately for trial, as my client had a defence to most of the charges. Further to resolution negotiations, I persuaded the Crown to agree to withdraw all charges, upon him entering into a Peace Bond for a period of one year. Despite his criminal record, and despite the fact that he had already had a previous assualt charge and weapons charge dealt with by way of a Peace Bond, I was still able to negotiate the withdrawal of all criminal charges. No criminal convictions.

No Jail for Repeatedly Breaching Probation Orders

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

CC: s.733.1 x 4 – Fail to Comply with terms of Probation Order.

Allegations:

My client breached the terms of his probation order four times by: 1) failing to keep the peace and be of good behaviour by getting arrested again, 2) failing to reside where directed, 3) failing to complete 100 hours of community service, and 4) failing to provide proof of completion.

Result:

My client has a lengthy record, which includes numerous prior breaches, for which he has served jail time. I negotiated that he plead guilty to only two of the charges, and the Crown withdrew the other two. The Crown sought a lengthier jail term this time. I argued against that; arguing, instead, for a fine. The judge agreed with me. However, she imposed a unique form of restorative justice, by requiring his to pay a charitable donation and to write a 100-word essay on the importance of obedience to the law in a free and democratic society. He ended up only writing about 300 words, and it appeared to be simply copied and pasted from Google. The judge was upset about this, but ended up not sending him to jail anyway, and considered his sentence to be served. No further penalty was imposed.

No Jail for Crack, Heroin and Meth Dealer

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

CDSA: s.5(2) – Possession of Crack Cocaine for the Purpose of Trafficking; CC: s.354: Proceeds of Crime, 145(3) – Breach of Recognizance

Allegations:

During the course of an ongoing drug investigation against an associate of my client, and after witnessing four separate drug transactions, the police pulled over my client, who was driving this associate’s vehicle at the time. She was a suspended driver and did not possess a driver’s license. The associate ran away. He was chased and caught by the police, who beat the #&@! out of him. My client was taken into custody without incident. A search incident to arrest revealed that my client was in possession of over $2800 cash and some crack cocaine. Located in the vehicle was drug paraphernelia and evidence of trafficking. On the co-accused was found nearly $1600 in cash, a loaded handgun (that had been reported stolen from a local shooting centre), 12 grams of crack cocaine, 14 grams of heroin, 1 gram of meth and other drug paraphernelia. A search warrant, executed on their hotel room, led to the seizure of boxes of ammunition and more drug paraphernelia.

Result:

Prior to trial, my client accepted the Crown’s resolution proposal and tendered pleas of guilty to the lesser and included offence of 4(1) – simple possession, rather than PPT, and to the breach for not reporting to probation as directed. She received fines totalling $600. No jail.

Charges Withdrawn in Repeated Domestic Violence

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

CC: s.266 x 2 – Assault, s.264.1 x 2 – Uttering Threats, s.145(2) – Fail to Attend Court, s.264(2) – Criminal Harassment, s.145(3) – Breach Recognizance x 2

Allegations:

My client assaulted his girlfriend on two separate occasions, failed to attend court, and breached his conditions of release by threatening and harassing her.

Result:

He was sentenced to one day on the breaches and entered into a peace bond in relation to the substantive charges.

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

DRUG OFFENCES FAIL TO COMPLY OFFENCES PROPERTY/THEFT OFFENCES Results VIOLENT OFFENCES WEAPONS OFFENCES No Comments
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.