Author Archives: browns

Meth Dealer Had a Good Defence but Counsel Had to Withdraw

DRIVING OFFENCES DRUG OFFENCES PROPERTY/THEFT OFFENCES Results STATUTORY & REGULATORY OFFENCES WEAPONS OFFENCES No Comments
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of Trafficking (meth), s.5(2) – Possession for the Purpose of Trafficking (marijuana); CC: s.354 – Proceeds of Crime, s.90(1) – Carrying a concealed weapon (baton), s.86(2) – Contravention of Storage Regulations (Ammunition), s.88(1) – Possession of a Weapon for a Dangerous Purpose (baton); TSA offences (no insurance, no license, plate improperly secured).

Allegations:

My client was pulled over for not having his license plate properly secured. While looking in a bag for his registration, the police noticed a large bag of marijuana. Search incident to arrest revealed a bag full of other items in support of drug trafficking (a large bag of meth, a weigh scale, baggies, cash, a collapsible baton, 5 cell phones and a box full of ammo for a 9mm handgun). Moreover, the phones were ringing during his arrest with numerous people seeking what police believed to be drugs.

Result:

My client had a strong defence that would have secured for him an acquittal on all charges. Unfortunately, due to ethical considerations, I was forced to seek to be removed as counsel of record on the day of trial. He will need to obtain new counsel to assist him with his defence at a new trial date. The Crown was seeking 3 or 4 years in jail. He would most likely have been found “not guilty” on everything.

Drunk Driver Crashes Through Neighbours’ Property – Charges Withdrawn

DRIVING OFFENCES PROPERTY/THEFT OFFENCES Results STATUTORY & REGULATORY OFFENCES No Comments
Charge(s):

CC: s.430(1)(a) – Mischief over $5000, TSA: s.115(2)(b) – Careless Driving, s.69(1)(a) – Fail to Remain at the Scene of an Accident.

Allegations:

My client lost control of his vehicle and drove through a gate and a fence, knocking over fence posts and trees and taking out a shelter for some mailboxes. He abandoned his vehicle in a ditch because it was disabled. The police investigated and found him at home. He smelled strongly of alcohol.

Result:

All charges were withdrawn after he repaired the damages. No convictions.

Reduced Fine on Impaired Driving Accident, Breaches and Numerous Tickets

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

CC: s.253(1(a) – Impaired Driving, s.254(5) – Refusal to Provide a Breath Sample, s.733.1(1) – Breach Probation Order x 3; TSA: s.51(a) – No driver’s license, s.52(1)(a) – No registration, s.54(1)(a) – No insurance, and s.53(1)(b) – No license plate.

Allegations:

My client was observed by the police to swerve all over the road and to finally lose control and get his vehicle stuck in a ditch. He was extremely intoxicated. He was on probation for an assault charge. He had a lengthy criminal record.

Result:

He pleaded guilty to only one charge and received a fine of only $1500. No insurance alone is a fine of $2875. All other charges were withdrawn.

Direct Indictment on Multi-Million Dollar Cross-Boarder Fraud

Results STATUTORY & REGULATORY OFFENCES No Comments
Charge(s):

CC: s.465(1)(c) – Conspiracy, s.462.31(2) – Money Laundering, s.380(1)(a) x 24 – Fraud exceeding $5000, s.467.12 – Organized Crime; CA: s.52.1(3) x 2 – Deception

Allegations:

My client and 6 co-accused committed a cross-border telemarketing scam, defrauding seniors from their life savings, in amounts totaling millions of dollars.

Result:

The matter was scheduled for a 3-month long Preliminary Inquiry. Part way through, the Crown preferred a Direct Indictment, so the prelim was abandoned and the matter went straight to arraignments at QB. Unfortunately, I had to remove myself from the record, as I was unable to devote the time required to run a 6-month long trial.

Dangerous Driver with 5 Priors for Impaired Driving Gets Off Easy

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

CC: s.249.1(1) – Fail to Stop Vehicle While Pursued by Police, s.249(1)(a) – Dangerous driving, s.249(4) – Drive While Disqualified, s.733.1(1) x 2 – Breach Probation Order; TSA: s.54(1)(a) – No Insurance, s.52(1)(a) – No Registration; GLA: s.50 – Unlawful Possession of Liquor.

Allegations:

My client was prohibited from driving, as a result of five prior convictions for impaired driving. The police recognized him driving and tried to pull him over. He drove off at a high rate of speed, through a residential neighborhood, cutting corners by driving over lawns. He was intoxicated at the time and was bound by conditions of probation as well. He had a lengthy and related criminal record. The Crown was seeking a significant period of incarceration.

Result:

He pleaded to a few lesser and included offences and was sentenced to 9 months, minus pre-trial custody, resulting in 6.5 months, followed by 2 years of probation and a further three year driving prohibition.