WEAPONS OFFENCES

Fight Ends With Death Threats by Pointing a Firearm – All Charges Withdrawn

Read more
Charges:

CC: s.87 – Pointing a Firearm at Someone, s.86(1) – Unsafely Carry a Loaded Firearm, s.91(2) – Possess Firearm Without Valid Permit, s.88 – Possession of a Weapon for a Dangerous Purpose, s.249(1)(a) – Dangerous Driving.

Allegations:

My client was having problems with the complainant, whom he had agreed to allow to reside with him and his family for a while.  After consuming copious amounts of alcohol, they went for a drive. While the complainant was relieving himself outside of the vehicle, my client attempted to drive away. However, the complainant jumped onto the driver’s side of the truck and held on, while my client continued to drive at a high speed for over 300 metres. The complainant grabbed the steering wheel and the vehicle crashed into a ditch and rolled.  Upon exiting the vehicle, the complainant assaulted my client and then they stumbled back to the residence together, whereupon my client grabbed his rifle, pointed it at the complainant and threatened to shoot him, if he didn’t leave right away.

Result:

Since the police were unable to locate the complainant, in order to serve him with a subpoena to attend at the trial, the Crown Entered a stay of Proceedings, effectively withdrawing all of the charges.

Domestic Violence and Firearms – Peace Bond (charges withdrawn)

Read more
Charges:

CC: s.266 – Assault, s.86(2) x 2 – Improper Storage of Firearms (Shotgun & Rifle), s.91(1) x 2 – Possess Firearms Without a License, s.264.1(1) – Uttering Threats.

Allegations:

My client was accused of assaulting his wife by repeatedly punching her and ripping out her hair.  He also threatened to kill her father. Police found two improperly stored firearms (a shotgun and a rifle) in his residence.

Result:

On the day of trial, I resolved his matters with a Peace Bond, resulting in the immediate withdrawal of all criminal charges. No record.

Night Club Shooter Avoids Conviction on Attempted Murder Charge

Read more
Charge(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 more
Charge(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.

Assault with a Loaded 12-Gauge Shotgun Charge Withdrawn

Read more
Charge(s):

CC: s.87(1) – Point a Firearm, s.88(1) – Possess a Firearm for a Dangerous Purpose, s.267(a) – Assault with a Weapon.

Allegations:

In the heat of a verbal and physical altercation with his older brother, my client pointed a 12-gauge shotgun within 12 inches of his brother’s face and threatened to kill him.

Result:

The Crown was seeking a convicton with serious consequences. However, on the day of trial, the complainant did not present himself. Consequently, the Crown had no evidence to call and withdrew all of the charges. No criminal convictions.