Violent Man Gets 3 Months & Probation For Tormenting Girlfriend
Violent Man Gets 3 Months & Probation For Tormenting Girlfriend
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Charge(s):
CC: s.348(1)(b)/266 – Break and Enter and Commit Assault, s.266 – Assault, s.264.1(1)(a) – Uttering Death Threats, s.430(1)(a) – Mischief; PAFVA: s.13.1(1)(a) x 12 – Breach of Emergency Protection Order.
Allegations:
My client had just gotten out of jail, after serving a two-month sentence for assaulting his girlfriend. He went straight to her residence, contrary to the provisions of an Emergency Protection Order. A physical altercation ensued, during which he forced her to the floor, took the phone from her, ripped her hair out and punched her in the face several times. He threatened to kill her if she tried to call the police. She calmed him down. He then left to meet up with a friend to do some business. While he was out, she called 911. He returned shortly thereafter. She locked herself in the bathroom. He kicked in her front door and found her to be on the phone with the police, so he fled the residence, vowing to kill her, as he fled. She suffered numerous injuries. He had also assaulted her the year before and threatened to burn down her entire apartment building. She has an ongoing fear that he will in fact kill her. Two days later, he showed up at her front door and was trying to get in. She did not respond. Instead, she called 911 again. While waiting for the police to arrive, he sent her numerous sexual messages, followed by threatening text messages, including the following words: “I’ll be waiting for you in the darkness when you leave to go to work. I’m going to knock you right the fuck out and drag your lifeless body into my world. I hate you with a passion…Hope you’re ready to die, you greedy fucked slut. See you in the morning. I’m gonna smash your fucking brains in, pull your dead corpse back upstairs and take everything you have. You’re dead as soon as you come outside!!! DEAD!!! You ruined my life…I can’t wait to ejaculate over your dead body. You’ve got me out on the streets for the last time. I’m gonna make sure you lose everything.” He was arrested later that day. While in the Remand Centre, he attempted to contact her at least 10 more times.
Result:
In advance of the trial date, I persuaded the Crown to withdraw the B&E charge, and to agree to time served (3 months), followed by probation for one year, with a focus on mental health counseling. The judge refused to accept the joint proposal and sentenced him to an additional 3 months, followed by probation for 18 months. My client had a lengthy and related criminal record, including two prior convictions for assaulting and threatening to kill the same victim.
Meth Dealer Had a Good Defence but Counsel Had to Withdraw
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Charge(s):
CDSA: s.5(2) – Possession for the Purpose of Trafficking (meth), s.5(2) – Possession for the Purpose of Trafficking (marijuana); CC: s.354 – Proceeds of Crime, s.90(1) – Carrying a concealed weapon (baton), s.86(2) – Contravention of Storage Regulations (Ammunition), s.88(1) – Possession of a Weapon for a Dangerous Purpose (baton); TSA offences (no insurance, no license, plate improperly secured).
Allegations:
My client was pulled over for not having his license plate properly secured. While looking in a bag for his registration, the police noticed a large bag of marijuana. Search incident to arrest revealed a bag full of other items in support of drug trafficking (a large bag of meth, a weigh scale, baggies, cash, a collapsible baton, 5 cell phones and a box full of ammo for a 9mm handgun). Moreover, the phones were ringing during his arrest with numerous people seeking what police believed to be drugs.
Result:
My client had a strong defence that would have secured for him an acquittal on all charges. Unfortunately, due to ethical considerations, I was forced to seek to be removed as counsel of record on the day of trial. He will need to obtain new counsel to assist him with his defence at a new trial date. The Crown was seeking 3 or 4 years in jail. He would most likely have been found “not guilty” on everything.
Drunk Driver Crashes Through Neighbours’ Property – Charges Withdrawn
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Charge(s):
CC: s.430(1)(a) – Mischief over $5000, TSA: s.115(2)(b) – Careless Driving, s.69(1)(a) – Fail to Remain at the Scene of an Accident.
Allegations:
My client lost control of his vehicle and drove through a gate and a fence, knocking over fence posts and trees and taking out a shelter for some mailboxes. He abandoned his vehicle in a ditch because it was disabled. The police investigated and found him at home. He smelled strongly of alcohol.
Result:
All charges were withdrawn after he repaired the damages. No convictions.
