Jail Avoided in Vicious 2×4 Beatings
Jail Avoided in Vicious 2×4 Beatings
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Charge(s):
CC: s.267(a) – Assault with a Weapon x 2, s.266 – Assault
Allegations:
My client first assaulted someone at a drunken house party. Then, soon after, my client and her brother attacked this same victim, as well as her husband, using 2×4’s. Both victims suffered serious injuries to their bodies, heads and faces. My client had previous history of violence, including one prior conviction for assault.
Result:
After trial, my client was only convicted of one of the three charges. The Crown was seeking a period a incarcertion. I argued that while, jail was appropriate in the circumstances, it was not contrary to the public interest for it to be served in the community. The judge agreed and sentenced my client to a Conditional Sentence Order for 6 months, followed by a period of probation for another 12 months. No jail.
Trust Fraud Results in rare CSO, instead of Jail
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Charge(s):
CC: s. 380(1)(a) – Fraud over $5000
Allegations:
Over a period of 9 months, my client defrauded her employer of over $23,000 by falsifying the hours worked by herself as well as her husband. As a manager, she was entrusted to submit accurate overtime hours worked by the employees within her department. This crime was only was discovered after her husband called to inquire about a T4 slip that he received. He denied having worked at all during the timeframe in question. My client had also changed his banking details, so that his paychecks would be depositted directly into her own account, without his knowledge. This triggered a full internal investigation, which resulted in her termination and a criminal charge. When confronted by the president of the company, my client provided a full confession, which was recorded.
Result:
Following extensive resolution negotiations with the assigend Crown, my client received a Conditional Sentence Order. This is a highly unusual and extremely lenient sentence for this type of offence. Normally trust thefts, in this range, result in a jail sentence of approximately 1 year. In fact, soon after this offence date, the Criminal Code was amended to prevent trust frauds from qualifying for a CSO. Now, any person convicted of a trust fraud over $5000 is certainly facing a significant period of incarceration.
Gas Station Robbery Charge Withdrawn
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Charge(s):
CC: s.344 – Armed Robbery
Allegations:
My client admitted to police that she helped her boyfriend to rob a gas station at knifepoint. She scoped out the location in advance and provided information about the number of employees, etc. Her boyfriend wore a a black hoodie, bandana, sunglasses and gloves, while he robbed the gas station, using a large hunting knife. He got away with cash and cigarettes. Both of them were arrested the next day.
Result:
I negotiated for my client’s charge to be diverted out of the criminal justice system and into the Extra-Judicial Sanctions program. Upon successfully completing a number of community service hours, her charge was withdrawn. No criminal record.
Drunken Rampage and Assault Police Officer Charges Withdrawn
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Charge(s):
CC: s.270(1)(a) – Assault Police Officer, s.129(a) – Resist Arrest
Allegations:
My client was severely intoxicated and caused a disturbance at a nice hotel. Security was called to the lounge, where my client had thrown some bar stools and was being loud and beligerant with staff members and other patrons, after being refused service. My client then attempted to engage security in a fight by taunting them and making derogatory comments. My client left the area and returned to his room. Moments later, security received another complaint tht my client had pushed some teenagers in a hallway and their parents were upset. Security confronted my client at his room, where he tried to slam the door on them and then hid in the bathroom. At this point, the RCMP were called to assist in removing him from the premises. My client then tried to start another fight with security before running away. RCMP officers assisted security in locating my client, who was hiding in a backspace near the elevators. He was talking to himself and hitting the elevators with his elbows. Police arrested him, placed him in handcuffs and, while in the process of escorting my client out of the building, my client dropped his weight to the floor, tripping and pulling the officers down with him. One officer fell on his back and the other officer fell on top of my client. My client continued to resist and to swear at the officers during his arrest processing at the police station.
Result:
I negotiated a referral to the Alternative Measures Program on the resist arrest charge only. My client was required to write letters of apology to the hotel and to the police, as well as to make a charitable donation of $100 to the local food bank. All charges were withdrawn. No criminal record.
Shoplifting Charge Withdrawn
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Charge(s):
CC: s.334(b) – Theft Under $5000
Allegations:
My client stole some children’s clothing from a department store.
Result:
I negotiated a diversion to the Alternative Measures Program. After making a small charitable donation of $200 and writing a letter of apology to the store, the criminal charge was withdrawn. No criminal conviction.
