Charges Withdrawn Because Accused Too Drunk
Charges Withdrawn Because Accused Too Drunk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Drugs and Loaded Firearms in National Park Charges Withdrawn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.
Found Not Guilty in Horrific Home Invasion Robbery
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Charge(s):
CC: s.344(b) – Robbery, s.348(1)(b) – Break and Enter and Commit Robbery (Home Invasion Robbery), s.145(3) – Breach of Recognizance; YCJA: s.137 x 5 – Breach of Youth Court Order; CC: s.279(2) – Unlawful Confinement, s.268 – Aggravated Assault
Allegations:
My client, and five of her companions, left Manitoba in a stolen truck and headed toward BC, committing a string of offences on the way, including numerous gas thefts. While in Saskatchewan, an RCMP officer attempted to stop them. They initially pulled over, and then sped away as the officer approached the vehicle. They evaded the police by engaging in a dangerous high-speed chase on gravel roads. While in Alberta, they were running low on fuel and entered a farmyard, belonging to the victim. Three of them approached the front door and inquired about where they might obtain some gasoline. An elderly woman, the sole occupant of the residence, let them in while she made some calls. Upon her return to the front porch, she was severely beaten and rendered unconscious. She fell down the stairs to the basement and was assaulted again repeatedly while she lay unconscious. At this point, the others entered the residence and ransacked her home, stealing numerous items and leaving a chainsaw in the hallway. She was tied up with a dog leash and an electrical cord. Inside her purse, they found the keys to her SUV. They ditched their stolen vehicle behind a barn and sped away in their new stolen vehicle, belonging to the elderly woman. As they drove through Alberta, they purchased items with the cash and credit cards that they stole from her. My client’s boyfriend got arrested in Medicine Hat, while the others were in McDonald’s, after a witness reported him assaulting her in the parking lot. The others continued driving to BC. My client was driving at a very high rate of speed when she failed to make a corner and rolled the vehicle several times. That is when they were all finally taken into custody.
Result:
I am the only lawyer who pleaded “not guilty” on behalf of my client to these charges, and insisted on taking it to trial. All of the co-accused pleaded guilty and received extremely high sentences. My client’s brother, who appeared to be the least culpable, received the maximum jail sentence allowable under the Youth Criminal Justice Act (three years jail, plus probation for two years). The other co-accused, because they were adults, received much higher sentences; the most culpable was sentenced to six years in prison. After conducting a lengthy trial, the judge found my client “not guilty” of all charges, but did find her guilty to the lesser and included offence of theft under (instead of robbery), and to being unlawfully in a dwelling house (instead of B&E). We ordered a Pre-Sentence Report and adjourned sentencing. I persuaded the Crown to join me in a recommendation for time served, plus probation with some community service hours. The only reason she spent five months in pre-trial custody is because she fired her last lawyer for not being able to get her out on bail. I negotiated her release within a couple of weeks of being retained. Unfortunately for my client, she went AWOL and did not present herself at her sentencing, and a warrant issued for her arrest.
Charges Withdrawn in Breaches of Emergency Protection Order
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Charge(s):
PFVA: s.13.1(1)(a) x 2 – Breaches of Emergency Protection Order
Allegations:
My client breached the terms of an emergency protection order by coming within a prohibited distance of his ex-wife.
Result:
I attended court in order to negotiate his release from custody. Instead, I managed to persuade the Crown to withdraw the charges! No criminal convictions.
