Drugs, Knife, Stolen Gun, Breaches – All Charges Withdrawn
Drugs, Knife, Stolen Gun, Breaches – All Charges Withdrawn
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Charge(s):
CDSA: s.4(1) – Possession of Methamphetamine; CC: s.86(2) – Transporting an unsecured rifle in a motor vehicle, s.355(b) – Possession of stolen property (rifle), s.145(3) x 2 – Breach recognizance
Allegations:
After my client was pulled over for traffic violations, police discovered that there were warrants for his arrest on other charges. A search incident to arrest of his vehicle revealed a bag of methamphetamine, drug paraphernalia, a knife and a stolen rifle.
Result:
All charges were withdrawn on the day of trial. No criminal convictions.
Two years for Repeat Offender in Violent Robbery of Vehicle
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Charge(s):
CC: s.344(b) – Robbery, s.268 – Aggravated Assault, s.246(a) – Choking, s.145(3) x 612 – Breach Recognizance, s.266 – Assault
Allegations:
After a drunken house party that turned into an armed conflict between two rival groups, my client and his friend attacked a person who was sleeping in his truck. They demanded the keys to his truck while holding a knife to his throat. Once out of the truck, and in the process of defending himself, the victim grabbed the blade of the knife, slicing his hand open. One punched and kicked the victim repeatedly while the other choked him with an extension cord. The victim suffered a severe concussion in addition to other physical injuries. After his friend drove away in the victim’s truck, my client returned to the house and acted as though nothing happened. While out on bail for these charges, my client breached his recognizance numerous times. In addition, only two weeks before his sentencing, he also assaulted his girlfriend again. The Crown was seeking more than 3 years incarceration.
Result:
He was sentenced to two years, followed by one year of probation.
Charges Withdrawn Because Accused Too Drunk
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Charge(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.
Drugs and Loaded Firearms in National Park Charges Withdrawn
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Charge(s):
CDSA: s. 5(2) – Possession of Psilocybin (magic mushrooms) for the Purpose of Trafficking; CC: 94 x 2 – Unauthorized Possession of a Firearm in a Vehicle, s.92(1) x 2 – Unauthorized Possession of a Firearm, s.117.01(1) – Prohibited Possession of a Firearm; CNPA-NPWR: s.20(3) – Possession of a Loaded Firearm in a Vehicle.
Allegations:
While driving through Banff National Park, near Lake Louise, on her way back from BC, my client was with her boyfriend and another friend, when the RCMP pulled them over for speeding at a rate of 140 kms/hr in a 90 zone. While dealing with the driver, the police officer could detect a faint odor of marijuana coming from the vehicle. He detained them for a drug investigation and deployed a narcotic detection canine, who alerted police to the presence of narcotics. Police searched the vehicle and located a large quantity of magic mushrooms – three bags in the trunk, and one bag in the back seat, where my client was seated. Also found in the trunk were two firearms (rifles) and 381 rounds of ammunition. One of the rifles was loaded.
Result:
As a result of several Charter violations, and other triable issues, I tendered pleas of “not guilty” on behalf of my client and scheduled a date for a Preliminary Inquiry. Prior to this date, the Crown brought the file forward and withdrew all charges against my client. No criminal convictions.
Charges Reduced to Tickets for Crashing Vehicle into Store While Drunk
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Charge(s):
CC: s.253(1)(a) – Impaired Driving, s.249(1)(a) – Dangerous Driving, s.335 – Take Motor Vehicle Without Owner’s Consent; TSA: s.51(a) – Drive Without a Valid Operator’s Licence, s.69(1)(a) – Fail to Remain at the Scene of an Accident, s.54(1)(a) – Drive Without Insurance.
Allegations:
My client was driving his sister’s boyfriend’s car, without his knowledge. On his way home, with his sister as a passenger, he lost control of the vehicle and drove through the store front windows of a pizza place. He fled the scene and was located at the vehicle owner’s residence a short time later, with broken glass in his clothes and blood on him and inside the vehicle driver’s seat. He was obviously impaired by alcohol. He did not have a driver’s license, nor was he insured to drive that car.
Result:
As a result of resolution discussions with the assigned Crown, the matter was brought forward from its scheduled trial date for a resolution. My client changed his pleas to guilty on only two traffic tickets (driving with no license and failing to remain at the scene of an accident). He paid fines, totaling $600, plus VFS, with three months time to pay. All other charges were withdrawn. No criminal convictions.
