Drug Dealer Gets 9 Months Probation

Charges:

CDSA: s.5(2) – Possession for the Purpose of Trafficking; CC: s.355(b) – Proceeds of Crime

Allegations:

My client was found to be selling marijuana from his residence.

Result:

I negotiated a plea to simple possession only, instead of trafficking. He received a sentence of probation for 9 months. The other charge was withdrawn.

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.

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.

Charge(s):

CC: s.163.1(3) – Distribution of child pornography, s.163.1(4) – Possession of child pornography, s.163.1(4.1) – Accessing child pornography.

Allegations:

A member of the Lethbridge Regional Police Service, assigned to the Southern Alberta Internet Child Exploitation (ICE) Unit was conducting an online investigation into the distribution of child pornography images on Peer to Peer networks. Following a complex investigation, and forensic computer analysis, it was determined that my client was accessing, in possession of, and was making available several child pornography files.

Result:

On the day of trial, the Crown Prosecutor offered to resolve the matter by way of a Peace Bond, and my client accepted. These charges are enormously difficult to defend against, and the mandatory minimum sentence for these 3 charges, when proceeded by indictment, is a combined minimum of 2 years in prison. However, in these circumstances, my client simply agreed to abide by certain conditions for a period of one year, and all of the criminal charges were withdrawn that same day. No criminal convictions.

Charge(s):

CC: s. 266 – Assault (domestic)

Allegations:

Police were notified by Child and Family Services that my client’s 11 year-old daughter reported to them that my client assaulted her the day prior. She told police that my client was angry with her and was trying to physically discipline her, so she was hiding behind her sister on her bed. Her sister was upset, crying, and asking him to stop. He reached around her, hit her once on her arm. He then pulled her out of the bedroom by her wrist and by her hair, and dragged her half way down the hall before letting her go, causing her to hit her head on the floor. He then hit her on her arm and side with the top of an open bottle of water, causing the water to fall out. He then got his shoes on and left, saying that he was going to kill himself. That night, she had trouble sleeping. She felt dizzy and vommitted twice throughout the early morning, believing that she might have suffered a concussion. My client had a dated but related record, consisting of prior convictions for offences, such as possession of an offensive weapon and assault.

Result:

The day before the scheduled trial date, the Crown directed Stay of Proceedings. The charge was effectively withdrawn. No criminal conviction.