Serious Violent Offender Gets Probation and Charges Withdrawn
Serious Violent Offender Gets Probation and Charges Withdrawn
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Charge(s):
1) CC: s.267(B) – Assault Causing Bodily Harm; 2) Assault with a Weapon x 2, Possession of a Weapon for a Dangerous Purpose, Breach of Undertaking x 2.
Allegations:
My client had two separate sets of charges. First, my client admitted to punching and kicking the victim to the point of unconsciousness. Then, five days later, while on release for the first offence, he attacked two other people, by striking them in the head with a rock inside a sock, knocking one unconscious and sending both to the hospital.
Result:
Regarding the first offence, he pleaded guilty and received a sentence of time served (42 days) in pre-trial custody, followed by a period of probation. Considering his criminal record, the Crown was seeking a lengthier period of incarceration. Regarding the second set of charges, he pleaded “not guilty.” The victims were unable to be located for the purpose of serving them with a subpoena to attend the trial. Consequently, all charges were withdrawn.
Crack Dealer gets a CSO
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Charge(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.
Two Weeks for Multiple and Repeated Breaches
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Charge(s):
CC: s.137 x 8 – Breach of Youth Court Order, s.145(3) x 18 – Breach of Recognizance, s.811 – Breach of Court Order, s.334(b) – Theft
Allegations:
My client repeatedly breached numerous conditions of several different court orders.
Result:
The court refused to release him again after the last set of breaches. He got out with time served (2 weeks) and a global fine of $500.
Charges Withdrawn in Violent B&E and Assault with a Butcher Knife
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Charge(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.
Drunk Driver Avoids Jail Again
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Charge(s):
CC: s.254(2) – Refusal to Comply with a Breath Demand, s.259(4) – Drive While Disqualified, s.145(2)(a) x 2 – Fail to Attend Court
Allegations:
My client was pulled over after being observed pulling out of the parking lot of a bar at 2:30am, with a car full of drunk people. Her licence was suspended 3 months earlier for impaired driving conviction. She refused to provide a sample of her breath into a roadside screening device. She then failed to attend court twice.
Result:
On the day of trial, the Crown agreed to withdraw the refusal charge. My client pleaded guilty to driving while disqualified and one failure to attend court charge. The Crown was seeking 2 months jail. Instead, my client received fines totaling $850, with 8 months time to pay. No jail time.
