PROPERTY/THEFT OFFENCES

Midnight Vandal (Okotoks) – Charges Withdrawn

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Charges:
CC: s.439(4) – Mischief

Allegations:
My client was observed by his ex-friend’s mother to be making loud noises in their backyard in the middle of the night.  He was trying to break in. He set off a motion sensor light and then was observed to be doing something to their truck.  She yelled at him.  He told her to F-Off and ran away.  She immediately recognized him as her son’s friend.  He had vandalized the truck window with a sharp object.

Result:
Charges Withdrawn.  Crown entered a Stay of Proceedings.

Badlands Bad Boys (Drumheller) – Charges Withdrawn

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Charges:
CC: s.348(1)(B) – Break & Enter and Commit Indictable Offence; s.333.1 – Theft of a Motor Vehicle x 2; s.353.1(4) – Removing a Vehicle Identification Number (VIN); s.354 – Possession of Stolen Property; CDSA: s/4(1) – Possession of a Controlled Substance (Meth).

Allegations:
My client and a co-accused, broke into some buildings at the Badlands Passion Play site and were observed by an employee to be on a red quad, and putting several expensive tools into a large tote.  Both were wearing ski masks.  They also smashed the windows on two vehicles with a hammer, stole tools and other items from inside, and tampered with the ignitions in an attempt to steal the vehicles.  The police simply followed the ATV wheel tracks in the snow, directly to their location, and arrested them with all of the stolen goods.  The quad was also found to be stolen, and the VIN had been removed.  My client was also found to be in possession of meth.

Result:
This matter was scheduled for trial, but since my client was already on probation for other charges, I worked out a deal whereby he pleaded guilty only to the charge of B&E and got probation for an additional 6 months. All other charges were withdrawn.

Stolen Credit Card (Okotoks) – Charges Withdrawn

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Charges:
CC: s.355(B) – Possession of Stolen Property; s.342(1)(C) – Possession of a Stolen Credit Card.

Allegations:
My client used a stolen credit card at McDonald’s, to purchase some food.  Then, he tried to use the stolen credit card again, at a cannabis store.  This time, the card was declined.  My client was identified through video surveillance.

Result:
Charges Withdrawn.  I persuaded the Crown to drop the charges before trial.

Repeat Shoplifter (Calgary) – Charge Withdrawn Again

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Charges:
CC: s.334(B) – Theft Under $5000

Allegations:
My client got caught stealing a few items from Shopper’s Drug Mart.  This was the second time she got caught shoplifting.  She had already been diverted to the Alternative Measures Program before.  Normally, an accused is not permitted to benefit from Alternative Measures again, within such a short time.

Result:
Charge Withdrawn.  Alternative Measures Program, again.

Angry Ex Sets Wife’s Car on Fire (Calgary) – Weekends in Jail & Probation

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Charges:
CC: s.434 – Arson; s.264(2)(B) – Criminal Harassment; s.334(B) – Theft under $5k

Allegations:
My client had been separated from his wife for 2 years, after 18 years of marriage and children.  My client attended at her residence, while she was away, and stole 2 pairs of her dirty panties, as well as her Apple Watch, in order to track her and to go through her apps.  My client then began sending angry messages to his ex-wife, after learning that she was in a new relationship.  He said that if he had a gun, he would kill them both.  He also sent her repeated unwanted communications, attempting to reconcile.  She filed for divorce and obtained a Restraining Order against him.  One day, he found her car parked on the street outside of her new boyfriend’s residence. He poured gasoline all over her car and set it on fire, causing it to be completely destroyed, and causing her boyfriend’s vehicle in front of it to also get severely damaged. My client admitted everything to the police, so there was no defence.

Result:
My client served 60 days in jail (served on weekends only), followed by a period of probation for one year.  He also had to pay restitution in an amount over $35,000.