Author Archives: browns

Crack Dealer gets a CSO

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

CDSA: s.5(2) – Possession for the Purpose of trafficking (crack cocaine), s.4(1) – Possession (Marijuana); CC: s.354: Proceeds of Crime, 129(a) – Resisting arrest, 145(2)(a) – Failure to Attend Court.

Allegations:

My client was selling crack cocaine in a back corner of the Cecil Tavern. A search incident to arrest revealed that he had some marijuana on his person, as well as a total of 49 rocks of crack cocaine. He was combative with police during his arrest. He subsequently failed to attend court and a warrant for his arrest issued.

Result:

The Crown was initially seeking a custodial sentence in the range for a penitentiary term of imprisonment. He ended up receiving a conditional sentence order for 18 months, with conditions including house arrest for 6 months. No jail.

Two Weeks for Multiple and Repeated Breaches

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

CC: s.137 x 8 – Breach of Youth Court Order, s.145(3) x 18 – Breach of Recognizance, s.811 – Breach of Court Order, s.334(b) – Theft

Allegations:

My client repeatedly breached numerous conditions of several different court orders.

Result:

The court refused to release him again after the last set of breaches. He got out with time served (2 weeks) and a global fine of $500.

Charges Withdrawn in Violent B&E and Assault with a Butcher Knife

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

CC: s.348(1)(b) – Break & Enter and Commit Indictable Offence, s.127 x 2 – Disobey Court Order, s.267(a) – Assault with a Weapon

Allegations:

My client attended at her estranged husband’s residence, where he was having dinner with their 3 children and the new nanny. There was a restraining order in place to prevent her from having any contact with him. She was extremely upset and had tried to kill herself. Despite being told to leave repeatedly, and refusing to do so, she managed to storm into the house. She was quickly forced back out and left, only to return shortly thereafter, when she eventually managed to kick in the front door and gain entry. The kids were told to hide in the basement, while he tried to prevent her from getting to them. She ran to the kitchen, pulled out a butcher’s knife and tried to stab him. His son, grabbed a bayonet and was about to stab her with it, when his father wrestled the knife away from her. He then picked her up and threw her off the deck, whereupon she sustained some injuries. After laying unconscious on the ground for a while, she got back up and again tried to kick in the door while yelling and screaming. They held the door shut and barricaded it closed until the police arrived.

Result:

The Crown was seeking a custodial sentence. However, on the day of trial, and after extensive negotiations, the Crown entered a stay of proceedings on all charges, resulting in no criminal convictions.

Drunk Driver Avoids Jail Again

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

CC: s.254(2) – Refusal to Comply with a Breath Demand, s.259(4) – Drive While Disqualified, s.145(2)(a) x 2 – Fail to Attend Court

Allegations:

My client was pulled over after being observed pulling out of the parking lot of a bar at 2:30am, with a car full of drunk people. Her licence was suspended 3 months earlier for impaired driving conviction. She refused to provide a sample of her breath into a roadside screening device. She then failed to attend court twice.

Result:

On the day of trial, the Crown agreed to withdraw the refusal charge. My client pleaded guilty to driving while disqualified and one failure to attend court charge. The Crown was seeking 2 months jail. Instead, my client received fines totaling $850, with 8 months time to pay. No jail time.

Repeat Suspended Driver Gets 14 days

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

CC: s.249(4) – Drive while Disqualified, TSA: s.94(2) – Drive while Unauthorized, CC: s.145(5) – Fail to Attend Court.

Allegations:

My client’s licence was suspended for an impaired conviction. A few months later, he was caught driving again. He had a long and related record, meaning that he has done this before. The Crown was initially seeking a period of jail for 30-60 days.

Result:

He received a sentence of 14 days, which he was able to serve on weekends only. That way, he could maintain his employment and not suffer any financial prejudice.