Conditional Discharge for Residential B&E, Threats and Mischief
Conditional Discharge for Residential B&E, Threats and Mischief
Read moreCharge(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 After complying with a few limited conditions for one year, the remaining criminal charge will be withdrawn and my client will continue to enjoy having no criminal record.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.
Assault on Ex’s New Boyfriend and Threats with an Ax Withdrawn
Read moreCharge(s):
CC: s.266 – Assault, s.175(1)(a)(i) – Causing a Disturbance
Allegations:
My client got into a fight with his ex-wife’s new boyfriend (the complainant). He was dropping off his kids after a weekend of camping when he yelled over to the complainant to make himself useful and help him unload the kids’ belongings. The complainant walked over to my client and got into his face, so my client began to throw punches at him. They ended up wrestling around on the front lawn and it took several people to break them up. My client then went to his truck and retrieved an ax and threatened the complainant, who responded by retrieving from his house a samurai sword. The police arrived before these weapons could be used. The complainant suffered injuries, including numerous facial bruises and a severely swollen eye.
Result:
On the day of trial, the Crown agreed to withdraw the charges against my client, providing that he enter into the alternative measures program. He ended up making a charitable donation, in the amount of $500, and the criminal charges were withdrawn. No criminal convictions.
Habitual Offender Gets a Discharge for Assaulting Peace Officers
Read moreCharge(s):
CC: s.270(1)(C) – Assault Peace Officer x 2, s.129(A) – Obstruct Peace Officer x 2
Allegations:
My client yelled profanities at two peace officers at an LRT station. They confronted him and demanded some form of identification in order to issue him a violation ticket for employing vulgar language on LRT property. A physical struggle ensued, whereby my client was accused of assaulting the two officers. At trial, my client maintained that he was cooperating with officers and did not assault either of them. Instead, he claimed that he was the one assaulted; that he was punched in the mouth, by one of the officers, causing him to lose a tooth. The officers maintained that this occurred when my client’s face struck the ground during the arrest process. He was found not guilty of assaulting the officers, but was found guilty of obstruction (mainly, I suspect, due to his hostile and unstable behaviour on the witness stand).
Result:
In light of my client’s previous criminal record, which includes over 40 prior convictions, the Crown was initially seeking a period of incarceration. However, following the production of a pre-sentence report, and a psychological assessment, their position changed to a period of probation with many conditions, including community service hours and a fine. However, the court agreed with my submissions and granted him a conditional discharge, with no community service hours and no fine. The end result, upon the expiration of the order, will be no criminal conviction.
Night Club Shooter Avoids Conviction on Attempted Murder Charge
Read moreCharge(s):
CC: s.239(a) – Attempted Murder, s.268 – Aggravated Assault, s.267(a) – Assault with a weapon (firearm), s.88(1) – Possession of a Weapon (firearm) for a Dangerous Purpose, s.87(1) – Pointing a Firearm, s.86(1) – Careless Use of a Firearm, s.85(1)(a) – Using a Firearm to Commit an Indictable Offence, s.90(1) – Carrying a Concealed weapon (firearm), s.91(1) – Unregistered Possession of a Firearm, s.95 – Possessing a Loaded Firearm, s.92(1) – Unlicenced Possession of a Firearm, s.96 – Possession of an Illegally Obtained Firearm, s.139(2) – Threatening a Witness from Providing Evidence, s.423(1)(a) – Threatening a Witness, s.244.1 – Discharging a Firearm in order to Prevent Arrest or Detention, s.244.2(1)(b) – Reckless Discharge of a Firearm, s.264.1(1)(a) – Uttering Death Threats.
Allegations:
My client, together with his two friends, entered a crowded nightclub in the early morning hours, walked up to a rival drug dealer on the dance floor, pulled out a handgun, fired one shot into the ceiling and a second shot into the abdomen of the victim. The bullet lodged in his spine, rendering him permanently disabled. They immediately ran to the front door. My client made it out. However, his two friends got tackled by bouncers at the entrance. My client returned, pointed the firearm at the faces of the bouncers, asked them if they were stupid and asked if they wanted to die. He fired three shots into the air and ordered them to release his friends. Together they ran toward a parked vehicle and escaped. Later that morning, they attended at the home of three witnesses who knew them and who had seen them at the club, and threatened to kill them, if they said anything. The next day, the police found them inside a nearby hotel room. Inside their room was a key to a vehicle where police found the clothing worn by the culprits, as captured on closed circuit video surveillance at the nightclub. The DNA on the clothing matched the DNA of the accused. Gunshot residue was also found on the clothing. They also found my client’s fingerprints inside the vehicle.
Result:
After conducting a two-week long Preliminary Inquiry, and hearing from dozens of civilian witnesses, police officers and expert witnesses, my client instructed me to negotiate a favourable resolution. Ultimately, he pleaded guilty to only two charges: Reckless Discharge of a Firearm (for shooting the victim in the stomach) and Assault with a Weapon (for threatening the bouncers). We presented a joint submission for a sentence of 5.5 years on the first charge and an additional 6 months on the second charge. Subtracting his pre-trial custody, he was left with a remaining sentence of 54 months to serve. Had he been found guilty after trial, he would have been facing a potential sentence of at least 12 years.
Charges Withdrawn on Violent Attack & Threats with a Weapon
Read moreCharge(s):
CC: s.266 – Assault, s.88(1) – Possession of a Weapon for a Dangerous Purpose
Allegations:
My client engaged in a verbal confrontation with an individual after a house party. My client then brandished a baton and threatened this person. He then left the baton in his vehicle and proceeded to push and punch the victim in the head repeatedly. While the victim was on the ground, in a turtle position, my client kicked him. The victim was in too much pain to walk. EMS attended. Among other injuries, the victim suffered bloody lips and a cut below his eye.
Result:
One month prior to the scheduled trial date, the Crown sent a letter advising that all charges were stayed (withdrawn). No criminal convictions.
