Beating Criminal Charges - Miscellaneous Experiences

2014-2015 Other Criminal Offences **6 Cases**
All 6 cases resulted in no criminal record

R. v. A.R. - Breach of Probation
Background

charged by his ex-girlfriend with contacting her by e-mail when his probation order said that he could not contact her. The e-mails came from an anonymous address. She also had photos of him in his car in what she said was her work location parking lot and she was alleging he had come to her workplace.

Strategy

I subpoenaed the security videos from the client's condo parking garage to show that on the day in question his car entered the parking garage at 8am and did not leave again until 11pm. In addition to that, the ex-girlfriend was complaining that he had visited her workplace at the end of November and yet the photographs showed that all the leaves were still on the trees.

Decision/Outcome

after seeing the camera footage from the parking garage and listening to my comments about the leaves on the trees, the charge was withdrawn.

R. v. V. N. - 2 provincial offences re: animal cruelty
Background

he was charged with animal cruelty for trying to export birds to Trinidad he was attempting to do this on his own because the last time he took the birds and had them in proper carriers when he arrived in Trinidad they said all the birds had died but he was convinced the authorities had simply stolen the birds.

Strategy

to convince the Crown that the charges laid did not meet the criteria. There was 1 charge that did apply, which was a regulatory offence and did not involve any admission of potentially causing harm to his birds.

Decision/Outcome

he received a $100 fine. All birds were safe and not in any way injured.

R. v. K.M. - Possession of Stolen Property
Decision/Outcome

Charges withdrawn

R. v. H.U. - Uttering Threats
Decision/Outcome

Plea to uttering threats, absolute discharge

R. v. M.B. – Extortion
Decision/Outcome

Plea to mischief - the Crowns initial position was 6 months in jail because the client had threatened to post nude pictures of a girl on the school website.

I was able to show that he was immature and had limited language skills and was trying to adjust to a new country after his mother died. His father found him a job and he was receiving counselling and so the crown agreed to a conditional discharge with probation 1 year.

No criminal record

R. v. D. B. – Mischief
Decision/Outcome

Stay of proceedings on an incident where the client had claimed he had a gun and was threatening his family members.

The client was under the care of a psychiatrist and the crown agreed to divert the case with conditions that he continue under the doctors care.

2013 and older cases

R. v. H. (2013 Brampton) - Mischief Over $5000
Background

Client was accused of scratching a car on both the driver and passenger side doors. The car belonged to the new girl friend of her ex husband.

Strategy

To convince the Crown that although my client had motive for scratching the car, no one had actually seen her do so and if I could convince my client to pay for the damages without admitting she had done it, that would be better than prosecuting.

Decision/Outcome

Client agreed and withdrew the charge on condition of my client signing a peace bond to have no contact with the complainant.

R. v. H. (Brampton Court, July 2012)
Background

Client was charged with mischief after he allegedly created a Facebook account that was set up making fun of another student.

Strategy

To prove this was out of character for my client, by providing reference letters and having my client do community service up front. Client also wrote an essay on the dangers of bullying that was presented to the Crown.

Decision/Outcome

Crown was impressed with his efforts, remorse, and apology and the charge was withdrawn.

R. v. A. (Brampton Court, January 2012)
Background

Client had previously been charged with assault against his now ex-wife. When he reached out to her boss to pass along financial information, she called the police regarding the indirect contact (as it had been conditions of his bail that he would abstain from contacting her). Client was charged with breach of undertaking.

Strategy

To demonstrate how client's ex-wife had been the one who has contacting him, and had been sending him a series of e-mails, and that she was the one attempting to initiate direct contact and had been sending passive-aggressive and threatening emails.

Decision/Outcome

As a result of information I was able to provide to the Crown, the charge was withdrawn.

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