Crack Dealer gets a CSO
Crack Dealer gets a CSO
Read moreCharge(s):
CDSA: s.5(2) – Possession for the Purpose of trafficking (crack cocaine), s.4(1) – Possession (Marijuana); CC: s.354: Proceeds of Crime, 129(a) – Resisting arrest, 145(2)(a) – Failure to Attend Court.
Allegations:
My client was selling crack cocaine in a back corner of the Cecil Tavern. A search incident to arrest revealed that he had some marijuana on his person, as well as a total of 49 rocks of crack cocaine. He was combative with police during his arrest. He subsequently failed to attend court and a warrant for his arrest issued.
Result:
The Crown was initially seeking a custodial sentence in the range for a penitentiary term of imprisonment. He ended up receiving a conditional sentence order for 18 months, with conditions including house arrest for 6 months. No jail.
Charges Withdrawn in Violent B&E and Assault with a Butcher Knife
Read moreCharge(s):
CC: s.348(1)(b) – Break & Enter and Commit Indictable Offence, s.127 x 2 – Disobey Court Order, s.267(a) – Assault with a Weapon
Allegations:
My client attended at her estranged husband’s residence, where he was having dinner with their 3 children and the new nanny. There was a restraining order in place to prevent her from having any contact with him. She was extremely upset and had tried to kill herself. Despite being told to leave repeatedly, and refusing to do so, she managed to storm into the house. She was quickly forced back out and left, only to return shortly thereafter, when she eventually managed to kick in the front door and gain entry. The kids were told to hide in the basement, while he tried to prevent her from getting to them. She ran to the kitchen, pulled out a butcher’s knife and tried to stab him. His son, grabbed a bayonet and was about to stab her with it, when his father wrestled the knife away from her. He then picked her up and threw her off the deck, whereupon she sustained some injuries. After laying unconscious on the ground for a while, she got back up and again tried to kick in the door while yelling and screaming. They held the door shut and barricaded it closed until the police arrived.
Result:
The Crown was seeking a custodial sentence. However, on the day of trial, and after extensive negotiations, the Crown entered a stay of proceedings on all charges, resulting in no criminal convictions.
Repeat Offender Gets Lenient Sentence for B&E and Assault While Unlawfully At Large
Read moreCharge(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
Read moreCharge(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.
Charges Withdrawn Because Accused Too Drunk
Read moreCharge(s):
CC: s.430(1)(a) – Mischief; GLA: s.115(1) – Public Intoxication, s.UHRRR: s.107(1) – Tampering with a Motor Vehicle
Allegations:
My client, while extremely intoxicated and under the influence of narcotics, was seen stumbling around through a residential neighbourhood. When asked to get off someone’s property, my client approached their front door and attempted to confront them. The home owners locked themselves inside and called the police, while my client banged on their front door and damaged their garage door. He was then observed to be pulling at the door handles to their truck, with his pants down. When police arrived, he was still trying to get into their truck. While being transported to the police station, my client defecated and urinated himself and vomitted repeatedly.
Result:
I tendered pleas of “not guilty” to all charges and scheduled a trial date. On the day of trial, the Crown entered a Stay of Proceedings, effectively withdrawing the criminal charge, as well as the tickets. I had persuaded the Crown that because this was an offence of specific mens rea, and because he was certainly in a state of advanced intoxication, he could not possibly have formed the requisite intent to commit this particular criminal offence. No criminal convictions.
