SEXUAL OFFENCES

Date Rape – Peace Bond (charge withdrawn)

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Charges:

CC: s.271 – Sexual Assault

Allegations:

My client was accused of having non-consensual sexual intercourse with a woman that he had spent the night with.

Result:

On the day of trial, I resolved his matter with a Peace Bond, resulting in the immediate withdrawal of his criminal charge.

Plea to Assault, Instead of Sexual Assault – No jail

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Charges:

CC: s.271 – Sexual Assault

Allegations:

My client sexually assaulted a woman at a party by pushing her back into the bathroom when she was trying to exit, closing the door behind them and then forcing his hands down her pants.

Result:

After a Preliminary Inquiry, my client tendered a plea of guilty to simple assault, instead of sexual assault, and received a probationary sentence. No jail.

Teenager Accused of Assaulting and Sexually Assaulting Two Different Girlfriends – All Charges Withdrawn

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Charges:       

CC: s.271 – Sexual Assault x 2, s.266 – Assault x 3.

Allegations:

My client was arrested for two different sets of charges.  First, he was accused of assaulting his girlfriend on three separate occasions, consisting of pinching her skin, leaving welts and bruises, punching her in the face, knocking her to the ground, and kicking her in the head.  He was also accused of sexually assaulting her on the school bus by forcing her to kiss him, masturbating in front of her, and forcefully inserting his fingers inside her vagina.  Second, my client was accused of forcing a different girlfriend to perform oral sex on him.

Result:          

Both sets of charges were scheduled for trial, because my client vehemently denied these allegations.  The Crown ultimately agreed to resolve both sets of charges with Peace Bonds, resulting in the immediate withdrawal of all charges.

Boyfriend Accused of Sexually Assaulting His Girlfriend – Charge withdrawn

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Charges:       

CC: s.271 (Sexual assault)

Allegations:

My client was accused of forcing his girlfriend to have sexual relations with him one morning. She claimed that she was not in the mood, but he pursued his advances and she conceded. Days later, she claimed that it was against her will.

Result:          

After a Preliminary Inquiry, the Crown agreed to resolve the matter with a Peace Bond, which resulted in the charge being withdrawn. No criminal conviction.

Child Porn Charges Withdrawn for Peace Bond, instead of Mandatory Minimum Jail Sentence

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Charge(s):

CC: s.163.1(3) – Distribution of child pornography, s.163.1(4) – Possession of child pornography, s.163.1(4.1) – Accessing child pornography.

Allegations:

A member of the Lethbridge Regional Police Service, assigned to the Southern Alberta Internet Child Exploitation (ICE) Unit was conducting an online investigation into the distribution of child pornography images on Peer to Peer networks. Following a complex investigation, and forensic computer analysis, it was determined that my client was accessing, in possession of, and was making available several child pornography files.

Result:

On the day of trial, the Crown Prosecutor offered to resolve the matter by way of a Peace Bond, and my client accepted. These charges are enormously difficult to defend against, and the mandatory minimum sentence for these 3 charges, when proceeded by indictment, is a combined minimum of 2 years in prison. However, in these circumstances, my client simply agreed to abide by certain conditions for a period of one year, and all of the criminal charges were withdrawn that same day. No criminal convictions.