Domestic Violence and Firearms – Peace Bond (charges withdrawn)
Domestic Violence and Firearms – Peace Bond (charges withdrawn)
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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
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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
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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
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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.
Charge Withdrawn for Carelessly Firing a Handgun
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Charge(s):
CC: s.86(1) – Careless Use of a Firearm
Allegations:
My client and his friend were drinking Jack Daniels and firing a handgun outdoors, in a rural area. They were stopped by the police, in a high-risk takedown, after the incident was reported by a neighbour.
Result:
Upon providing proof of completion of a Firearms Safety Course, the charge was withdrawn. No criminal conviction.
