OTHER OFFENCES

Carrie Underwood: “Before He Cheats” song-type Crime and Lying to Police – Discharge (all charges withdrawn).

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Charges:

CC: s.140(a) – Public Mischief, s.430(3) – Mischief, s.266 – Assault, s.349(1) – Break & Enter a Dwelling and Commit an Indictable Offence, s.145(5.1) – Aid and Abet complainant to Breach his Recognizance.

Allegations:

My client had two sets of charges. First, she provided two separate complaints, with detailed statements, to the police about how her boyfriend committed various offences, including that he assaulted her, robbed a bank, and intimidated her to prevent her from going to the police.  She later recanted, those allegations, telling police that she just wanted to get back at him (which was not true, he had promised to get back together with her if she recanted).   Second, she attended her boyfriend’s residence, saw that he had another woman in there with him, and became instantly angry.  He told her to leave.  She refused. Instead, she pushed her way into the residence, yelling and screaming at the other woman and assaulted her boyfriend by punching and shoving him.  My client left when she noticed that the other woman was recording the incident. On her way out, she grabbed a fire extinguisher and proceeded to strike the panels and windows of his truck with it, causing numerous dents and scratches all over.  She then scratched his paint all around, using a key, and carved the word “cheater” on his tailgate.

Result:

I negotiated a plea whereby she pleaded guilty to only the mischief charge (for vandalizing his truck).  The Crown argued for a sentence of probation, as well as a high compensation order.  However, I argued for, and succeeded, in obtaining a Conditional Discharge, with no compensation order, resulting in all charges being withdrawn after 12 months.

False Alarm (Police called for nothing) – Charge withdrawn

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Charge(s):

CC: s.140(1)(c) – Public Mischief

Allegations:

My client called 911, alleging that he had been shot by his neighbor and was bleeding out in his apartment. When police arrived, there was no response, so they kicked in his door, and found him passed out drunk on his couch, with the TV on. He had not been shot and no shots had been fired.

Defence:

Lack of mens rea (criminal intent) / Advanced intoxication

Result:

On the day of trial, the Crown withdrew his charge.

Employee Lies to Employer and to Police About Stealing a Machine – All Charges Withdrawn

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Charge(s):

CC: s.140(1)(b) – Public Mischief, s.336 – Breach of Trust.

Allegations:

My client lied to his employer about having returned all of the approx. 40 pieces of heavy equipment, which were stored on his property.  Seven years later, his bitter ex-wife informed the police that my client had kept and was using one piece of machinery.

Result:

I successfully negotiated the withdrawal of his charges, on the basis that there was no reasonable likelihood of a conviction.

Assault with a Weapon and Other Charges Dropped for Counseling

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Charge(s):

CC: s.267(a) – Assault With a Weapon

Allegations:

My client left his residence at 11:00 pm, to get cigarettes. An hour later, he had not yet returned, so his wife called him. He was at the bar, getting even more drunk. He returned home after 3:00 am, heavily intoxicated and woke up his wife. She had to work the next day and told him to leave her alone. He got angry and started telling her that it was over between them and that he wanted a divorce. He then began throwing furniture around the house, including throwing a chair at her. When police arrived, the house was a disaster area, with holes in walls and soil from broken potted plants everywhere.

Result:

I tendered a plea of “not guilty,” and scheduled the matter for trial. On the day of trial, the Crown withdrew the charge, as the evidence did not support a reasonable likelihood of a conviction.

Road Rage Assault Causing Bodily Harm Charge Dropped for Anger Management

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Charge(s):

CC: s.267(b) – Assault Causing Bodily Harm, s.430(1)(a) – Mischief

Allegations:

While driving home from work one day, my client was cut off by another driver who then gave flipped him the bird. My client was outraged and followed this driver in order to “discuss” his rude behaviour. Upon arrival at his residence, the complainant remained in his vehicle, while my client cursed at him through his closed window and urged him to step out. The complainant was terrified and refused to leave the safety of his vehicle. My client grew so frustrated that he punched him through the glass. The shattered glass flew into the face of complainant, causing several cuts on his face.

Result:

Despite my client’s criminal record, I persuaded the Crown to withdraw the assault causing bodily harm charge, in exchange for a guilty plea to the mischief charge. By way of penalty, my client received a suspended sentence, with a period of probation for one year, with conditions that he attend for anger management counseling and pay restitution to the victim for the cost of the ambulance bill.