Habitual Offender Gets a Discharge for Assaulting Peace Officers
Habitual Offender Gets a Discharge for Assaulting Peace Officers
Read moreCharge(s):
CC: s.270(1)(C) – Assault Peace Officer x 2, s.129(A) – Obstruct Peace Officer x 2
Allegations:
My client yelled profanities at two peace officers at an LRT station. They confronted him and demanded some form of identification in order to issue him a violation ticket for employing vulgar language on LRT property. A physical struggle ensued, whereby my client was accused of assaulting the two officers. At trial, my client maintained that he was cooperating with officers and did not assault either of them. Instead, he claimed that he was the one assaulted; that he was punched in the mouth, by one of the officers, causing him to lose a tooth. The officers maintained that this occurred when my client’s face struck the ground during the arrest process. He was found not guilty of assaulting the officers, but was found guilty of obstruction (mainly, I suspect, due to his hostile and unstable behaviour on the witness stand).
Result:
In light of my client’s previous criminal record, which includes over 40 prior convictions, the Crown was initially seeking a period of incarceration. However, following the production of a pre-sentence report, and a psychological assessment, their position changed to a period of probation with many conditions, including community service hours and a fine. However, the court agreed with my submissions and granted him a conditional discharge, with no community service hours and no fine. The end result, upon the expiration of the order, will be no criminal conviction.
Probation for Beating Taxi Driver Unconscious and Fleeing from Police
Read moreCharge(s):
CC: s.266 – Assault
Allegations:
My client took a taxi home with two friends, after a night of drinking and doing drugs. As a result of a verbal dispute with the taxi driver, he made angry racial remarks, exited the cab and kicked the door. When the driver exited to inspect the damages, the accused began punching him in the face, knocking him down, and then proceeded to kick him until he went unconscious. It took three persons to restrain him and to prevent him from inflicting further injury. As the police arrived, he fled on foot and it took the police almost two hours to track him down with a K-9 unit. He had a criminal record relating to vandalism and disobeying court orders.
Result:
After resolution discussions with the Crown, he pleaded guilty and received a minor fine and probation for 12 months. No jail.
Discharge for Assaulting Police Officers
Read moreCharge(s):
CC: s.129(a) – Resist Arrest, Obstruction x 2, s.270(1)(a) – Assault Police Officer x2
Allegations:
My client interfered with the lawful arrest of her friends after the police were called out to a crazy bar fight. She also assaulted two police officers in the process.
Result:
On the day of trial, the Crown offered a resolution proposal. She pleaded guilty to one charge of Obstructing a Peace Officer in the course of his duties and received a Conditional Discharge. All other charges withdrawn. No criminal convictions.
Bike Thief Gets Away Again
Read moreCharge(s):
CC: s.344(b) – Robbery, s.355(b) x2 – Possession of Stolen Property, s.380(1)(b) – Fraud x 3, s.145(1)(b) – Unlawfully at Large, s.733.1(a) – Breach Probation
Allegations:
My client sold three bikes that had recently been reported stolen. He also failed to report to the Calgary Correctional Centre, in accordance with his intermittent sentence and he breached his probation order. He had a lengthy and related criminal record.
Result:
My client failed to attend court and a warrant issued for his arrest.
Charges Dropped for Drive-By Shootings
Read moreCharge(s):
CC: s.430(1) – Mischief
Allegations:
My client and his friends were driving around, doing drive-by shootings with pellet guns. Numerous persons were hit by the pellets.
Result:
After writing an essay about how a criminal record can affect his future, and paying a charitable donation of $80 to the Calgary Dream Centre, the charge was withdrawn. No criminal conviction.
