Fine on Trust Theft – B&E Charge Withdrawn
Fine on Trust Theft – B&E Charge Withdrawn
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Charge(s):
CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.334(b) – Theft
Allegations:
My client broke into the place where he used to work and stole approximately $1000 worth of materials. He was observed by several employees to do this in their presence. When police spoke to him, he denied even being there.
Result:
After the pre-trial conference, a deal was negotiated, whereby he would plead guilty to the theft only. Despite having a lengthy and related record, he received only a fine for the theft, and the Break and Enter charge was withdrawn.
Road Rage Assault Causing Bodily Harm Charge Dropped for Anger Management
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Charge(s):
CC: s.267(b) – Assault Causing Bodily Harm, s.430(1)(a) – Mischief
Allegations:
While driving home from work one day, my client was cut off by another driver who then gave flipped him the bird. My client was outraged and followed this driver in order to “discuss” his rude behaviour. Upon arrival at his residence, the complainant remained in his vehicle, while my client cursed at him through his closed window and urged him to step out. The complainant was terrified and refused to leave the safety of his vehicle. My client grew so frustrated that he punched him through the glass. The shattered glass flew into the face of complainant, causing several cuts on his face.
Result:
Despite my client’s criminal record, I persuaded the Crown to withdraw the assault causing bodily harm charge, in exchange for a guilty plea to the mischief charge. By way of penalty, my client received a suspended sentence, with a period of probation for one year, with conditions that he attend for anger management counseling and pay restitution to the victim for the cost of the ambulance bill.
Conditional Discharge for Residential B&E, Threats and Mischief
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Charge(s):
CC: s.264.1(1)(a) – Uttering Threats, s.348(1)(a) – Break and Enter Residence With Intent to Commit an Indictable Offence Therein, s.430(4) – Mischief
Allegations:
My client attended at the residence of his in-laws, where his wife and children had been staying for the past several weeks, as they were separated. They got into an argument, because she continued to refuse to allow him to see his children. She locked herself and the children inside the residence. He became enraged and attempted to enter through glass sliding doors. He then attempted to enter through a locked side door. He grabbed a metal dolly and began to smash it against the door. He was able to break the door, causing damages to the door and frame and then entered the residence. He noticed that his wife was on the phone with 911 and fled the scene in his vehicle. Police were unable to locate him, so a warrant issued for his arrest. He eventually turned himself in.
Result:
I convinced the Crown that there was no reasonable likelihood of a conviction on counts one and two. My client tendered a plea of guilty to property damage only and the Crown withdrew the other two charges (Threats and B&E). We ordered a Pre-Sentence Report and adjourned sentencing. The Crown was seeking a period of incarceration, followed by a period of probation and restitution to the victim. I argued for a conditional discharge. The judge agreed with me. After complying with a few limited conditions for one year, the remaining criminal charge will be withdrawn and my client will continue to enjoy having no criminal record. No convictions.
Probation for Beating Taxi Driver Unconscious and Fleeing from Police
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Charge(s):
CC: s.266 – Assault
Allegations:
My client took a taxi home with two friends, after a night of drinking and doing drugs. As a result of a verbal dispute with the taxi driver, he made angry racial remarks, exited the cab and kicked the door. When the driver exited to inspect the damages, the accused began punching him in the face, knocking him down, and then proceeded to kick him until he went unconscious. It took three persons to restrain him and to prevent him from inflicting further injury. As the police arrived, he fled on foot and it took the police almost two hours to track him down with a K-9 unit. He had a criminal record relating to vandalism and disobeying court orders.
Result:
After resolution discussions with the Crown, he pleaded guilty and received a minor fine and probation for 12 months. No jail.
Small fine on 4th Conviction for Drug Trafficking
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Charge(s):
CDSA: s.5(2) – Possession for the Purpose of Trafficking; TPA: s.3 – Trespassing
Allegations:
My client was reported to be trespassing on CP Rail property. Police found my client to be walking on the railway tracks. When they saw them, he attempted to avoid the police by walking up a steep wooded hill. Police caught up to him on the hill and noted a very strong odour of fresh marijuana. Police searched his backpack and found it to contain: 5 separately packaged large bags of marijuana, 3 scales and, in his pockets, 25 empty dime bags. The total weight of the marijuana was just over 159 grams, with a street value of approx. $1500.
Result:
My client had a criminal record, including 3 prior convictions for drug related offences. Despite his prior and related record, and despite the fact that he had already served jail time for his last drug offence, I convinced the Crown to agree to a low fine, with no jail time. Unfortunately, my client did not appear for his sentencing and a warrant issued for his arrest.
