Author Archives: browns

Repeat Offender Gets Lenient Sentence for B&E and Assault While Unlawfully At Large

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

CC: s.266 – Assault, s.733.1(1) – Breach Probation x 4, s.145(1(b) – Escape Custody / Unlawfully at Large x 3, 145(3) – Breach Recognizance x 10, s.348(1)(a) – Break and Enter a welling house with Intent to Commit an Indictable Offence, s.129(a) – Obstructing a Peace Officer.

Allegations:

My client failed to present himself, on three separate occasions, to the correctional facility where he was required to be a serving inmate on weekends. He was also on probation for prior convictions. He broke into his ex-girlfriend’s house, assaulted her, and breached the conditions of several Court Orders, including violating the terms of his release numerous times.

Result:

He pleaded guilty to some of the breaches, the UAL’s and to the amended charge of being Unlawfully in a Dwelling House (instead of B&E). In the end, he received a jail sentence of only 90 days, minus the cumulative time he spent in pre-trial custody. Considering his lengthy criminal record, the input from the victim, and a negative pre-sentence report, this was a very lenient sentence. All other charges were withdrawn.

Charges Withdrawn for Death Threats and Misleading Police

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

CC: s.264.1(1)(a) – Uttering threats, s.137 x 3 – Breach Youth Court Order, s.129(a) – Obstruct Police Officer by giving a false name, s.145(2)(a) – Fail to Attend Court.

Allegations:

My client was on probation for other offences when she attended at a party one night, in contravention of her conditions, and threatened to stab someone with a knife. She then lied to the police about her name when they arrested her.

Result:

All charges withdrawn on day of trial. No criminal convictions.

Peace Bond for Punching, Threatening and Choking Girlfriend

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

CC: s.266 – Assault, s.145(3) – Breach Recognizance, s.145(2)(a) – Fail to Attend Court.

Allegations:

My client beat his girlfriend by punching her repeatedly and then choking her until she lost consciousness. He then threatened to kill her if she told anyone. He then violated the conditions of his release from custody and failed to attend court.

Result:

Peace Bond. All charges withdrawn. No criminal convictions.

No Jail for Car Theft, Vandalism, Dangerous Driving, Police Chase, etc.

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

CC: s.348(1)(b) x 2 – Break and Enter and Commit Theft & Mischief, s.334(b) – Theft (motor vehicle), s.811 – Breach Peace Bond, s.145(3) – Breach Recognizance, s.137 x 6 – Breach Youth Court Order, s.249(1)(a) – Dangerous driving, s.249.1 – Flight from Police, s.355(b) – Possession of Stolen Property (motor vehicle), s.252(1)(b) – Hit & Run.

Allegations:

My client had numerous charges arising from various incidents. In essence, he broke into a school and stole some valuable property, then broke into a garage and vandalized some property, including a motor vehicle. He then stole a car and drove it into Calgary. After that car ran out of gas, he stole another car and met up with a friend who had stolen a car as well. They drove their stolen cars dangerously through residential neighborhoods, causing motor vehicle accidents and fleeing from the scene. He was pursued by police and was apprehended after a foot chase, using K-9 police dogs to find him hiding underneath a parked vehicle. At the time, he was out on bail for other outstanding charges. He was also on probation for previous convictions.

Result:

The Crown was seeking a lengthy period of incarceration. He received a sentence of deferred custody and supervision. Basically, he was put on probation again. No jail.

Drugs, Knife, Stolen Gun, Breaches – All Charges Withdrawn

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

CDSA: s.4(1) – Possession of Methamphetamine; CC: s.86(2) – Transporting an unsecured rifle in a motor vehicle, s.355(b) – Possession of stolen property (rifle), s.145(3) x 2 – Breach recognizance

Allegations:

After my client was pulled over for traffic violations, police discovered that there were warrants for his arrest on other charges. A search incident to arrest of his vehicle revealed a bag of methamphetamine, drug paraphernalia, a knife and a stolen rifle.

Result:

All charges were withdrawn on the day of trial. No criminal convictions.