All Charges Withdrawn in Violent Attack with a Knife While on Bail for Stabbing
All Charges Withdrawn in Violent Attack with a Knife While on Bail for Stabbing
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Charge(s):
CC: s.88(1) – Possession of a weapon for a Dangerous Purpose, s.266 – Assault, s.267(a) – Assault with a Weapon, s.264.1 – Uttering Death Threats, s.430(4) – Mischief, s.145(3) x 4 – Breach of Recognizance; CDSA; s.4(1) – Possession of a Controlled Substance
Allegations:
My client entered his girlfriend’s bedroom (in his house) and found her in bed with his friend and roommate. He became enraged and attacked both of them by throwing his girlfriend and repeatedly punching his friend and trying to choke him. He then smashed his friend’s laptop computer and struck him by throwing glass mugs at him. He then produced a knife and threatened to kill him. The police attended and found some marijuana in my client’s room. He was on bail for allegedly stabbing another person at the time of this incident.
Result:
On the day of trial, none of the witnesses appeared, therefore the Crown entered a Stay of Proceedings in relation to all charges against my client. No criminal convictions.
Stabbing Charge Reduced to a Weapon Offence and a Fine
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Charge(s):
CC: s.267(a) – Assault with a Weapon, s.267(b) – Assault Causing Bodily Harm, 145(3) – Breach of Recognizance
Allegations:
Following an altercation with some guys at a house party, my client returned to his residence, retrieved a kitchen knife, and returned to the residence in order to confront a particular individual. During a fight, out on a sidewalk, with two other guys, my client stabbed one of them with this knife in the gut. He was on bail for another incident (also involving an assault with a knife) at the time of this offence, and therefore was in breach of his release conditions.
Result:
On the day of trial, my client accepted the Crown’s proposal to resolve by way of guilty pleas to “possession of a weapon for a dangerous purpose” and the breach. All other charges were withdrawn. He paid fines totalling $750. No jail.
No Jail for Extremely Drunk Driver Failing to Stop for Police & FTAC
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Charge(s):
CC: s.253(1)(b) – Driving with blood/alcohol content over .80%, s.253(1)(a) – Impaired Driving, s.249.1(1) – Fail to Stop while being Pursued by a Peace Officer, s.145(5) – Fail to Attend Court
Allegations:
My client was travelling, at speeds exceeding 150 kms/hr, down Deerfoot Trail. The police pursued him with lights flashing and horns blaring. My client appeared to slow down as though to pull over, but continued and appeared to accelerate. It took the police a while to finally get him to pull over. He appeared to be extremely intoxicated. He blew three times over the legal limit. There were two passengers in his vehicle. He subsequently failed to attend court and a warrant for his arrest issued.
Result:
The Crown was seeking a period of incarceration. I tendered pleas of “not guilty” and scheduled the matter for trial, on the basis of significant triable issues. Prior to the trial date, the Crown agreed to accept a guilty plea to only the over .80% charge and to withdraw all other charges. Given all of the aggravating factors, he received a fine of $2500. No jail.
Breaches of an Ontario Matter Withdrawn
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Charge(s):
CC: s.145(5.1) – Fail to Comply with Undertaking, s.145(5) – Fail to Attend Court
Allegations:
My client was released on an undertaking to a Peace Officer, in relation to charges in Ontario. After getting pepper sprayed in relation to an incident in Calgary, CPS discovered that he was bound by these terms of release, one of which was a requirement to carry a copy of his conditions at all times. Police also discovered that the Ontario matters were at warrant status for failing to attend court as directed.
Result:
Given that the Crown would most likely be unable to prove these charges, as they stem from Ontario, I tendered pleas of “not guilty,” and scheduled both matters for trial. Within a short time, the Crown sent me a letter, indicating that they were withdrawing both charges. No criminal convictions.
Violent Offender Gets Probation Again for Attacking Police While on Release
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Charge(s):
CC: s.270(1)(a) – Assault Peace Officer, s.129(a) – Obstruct Peace Officer, s.264.1(1)(a) – Uttering Death Threats, s.733.1(1) – Breach Probation
Allegations:
My client was observed by police to be acting beligerantly with security staff at the Drop-In Centre. The police intervened and tried to get him to leave. My client, who was extremely intoxicated, began to fight with the police and threatened to kill them, as well as several D.I. patrons. He was swearing, yelling, spitting and acting completely out of control, so the police tasered him a couple of times. He had just been released from custody that day for other violent offences, including assault causing bodily harm. He was also bound by a probation order.
Result:
He received a sentence of time served in pre-trial custody, followed by another probation order, requiring him to attend for residential treatment for his alcohol addiction and other personal issues.
