No Jail for Repeatedly Breaching Probation Orders
No Jail for Repeatedly Breaching Probation Orders
Read moreCharge(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
Read moreCharge(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
Read moreCharge(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
Read moreCharge(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.
Stabbing Charge Reduced to a Weapon Offence and a Fine
Read moreCharge(s):
CC: s.267(a) – Assault with a Weapon, s.267(b) – Assault Causing Bodily Harm, 145(3) – Breach of Recognizance
Allegations:
Following an altercation with some guys at a house party, my client returned to his residence, retrieved a kitchen knife, and returned to the residence in order to confront a particular individual. During a fight, out on a sidewalk, with two other guys, my client stabbed one of them with this knife in the gut. He was on bail for another incident (also involving an assault with a knife) at the time of this offence, and therefore was in breach of his release conditions.
Result:
On the day of trial, my client accepted the Crown’s proposal to resolve by way of guilty pleas to “possession of a weapon for a dangerous purpose” and the breach. All other charges were withdrawn. He paid fines totalling $750. No jail.
