Case Results

Break and Enter Charges Reduced to Mischief and a Discharge

Jurisdiction: Calgary Provincial Court, Youth

Charge(s): CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.355(b) – Possession of Stolen Property

Allegations: My client and a couple of other youths stole a key to their school from a teacher.  They broke into the school and rummaged through numerous classrooms, stealing a few items.

Result: On the day of trial, I persuaded the Crown to withdraw the B&E charge and accept a plea to only the PSP charge. My client was granted a conditional discharge. After completing 20 hours of community service, the criminal charges will be withdrawn. No criminal record.

B&E and PSP Charges Withdrawn

Jurisdiction: Calgary Provincial Court, Youth

Charge(s): CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.355(b) – Possession of Stolen Property

Allegations: My client and a couple of other youths stole a key to their school from a teacher.  They broke into the school and rummaged through numerous classrooms, stealing a few items.

Result: On the day of trial, I persuaded the Crown to withdraw the B&E charge and accept a plea to only the PSP charge. My client was granted a conditional discharge. After completing 20 hours of community service, the criminal charges will be withdrawn. No criminal record.

Drug Dealer Avoids Jail Again

Jurisdiction: Calgary Provincial Court

Charge(s): CDSA: s.5(1) – Trafficking; CC: s.354 – Proceeds of Crime

Allegations: The police received a tip that my client was selling drugs.  Undercover officers contacted my client and made arrangements to purchase one ounce of marijuana from him.  My client met the officers, took their money and had them drive him to his alleged dealer’s residence.  He went inside, then a short while later, was seen running away out the back door.  The police caught him and were surprised to find that he had no drugs on him.  Initially, he was charged with Possession for the Purpose of Trafficking, so I tendered a plea of “not guilty,” and scheduled a trial date. Unfortunately, the Crown noticed the error and laid a replacement information properly charging him with trafficking instead.

Result: My client had a lengthy criminal record, and previous drug-related convictions, including one conviction for production.  The Crown was seeking jail in the range of 30 to 60 days, but I convinced them to agree to a fine, instead.  They sought a fine of $1000, I argued for less, the Court ordered $750, with 6 months to pay.

No Jail for Repeatedly Breaching Probation Orders

Jurisdiction: Calgary Provincial Court

Charge(s): CC: s.733.1 x 4 – Fail to Comply with terms of Probation Order.

Allegations: My client breached the terms of his probation order four times by: 1) failing to keep the peace and be of good behaviour by getting arrested again, 2) failing to reside where directed, 3) failing to complete 100 hours of community service, and 4) failing to provide proof of completion.

Result: My client has a lengthy record, which includes numerous prior breaches, for which he has served jail time. I negotiated that he plead guilty to only two of the charges, and the Crown withdrew the other two.  The Crown sought a lengthier jail term this time. I argued against that; arguing, instead, for a fine. The judge agreed with me. However, she imposed a unique form of restorative justice, by requiring his to pay a charitable donation and to write a 100-word essay on the importance of obedience to the law in a free and democratic society. He ended up only writing about 300 words, and it appeared to be simply copied and pasted from Google. The judge was upset about this, but ended up not sending him to jail anyway, and considered his sentence to be served.  No further penalty was imposed.

Charges Withdrawn for Theft from Mail

Jurisdiction: Calgary Provincial Court

Charge(s): CC: s.334(b) – Theft

Allegations: My clients kept a package that was delivered to their residence, but intended for their former tenant. They opened it and stole the contents, including: cash, clothing, food, electronics, photographs and other items.

Result: I negotiated a referral to the Alternative Measures Program for both clients. Upon payment of a small charitable donation, the charge against both of them was withdrawn. No criminal convictions.

Domestic Violence Charge Withdrawn Again

Jurisdiction: Calgary

Provincial Court Charge(s): CC: s.266 – Assault

Allegations: My client engaged his wife in a heated verbal dispute. The argument continued in the kitchen area, where my client smashed a plate of food and then struck his wife in the face, knocking off her glasses. She ran outside and called the police. He locked her out. Their child was in his room, sleeping. She feared for his safety. Police could not get my client to open the door, so they entered by force by breaking a basement window. They found him in his room, pretending to be asleep.  His wife had two small lacerations, dried blood, bruising and swelling to her face.

Result: The Crown initially refused to resolve the matter by way of a Peace Bond, because this was not the first time my client had been charged with assaulting his wife. In addition, a previous domestic assault had already been resolved with a Peace Bond, a few years prior.  I tendered a plea of “Not Guilty,” and scheduled the matter for trial. On the day of trial, his wife did not appear. She had communicated in advance to the Crown that it was all a big misunderstanding; that he had not assault her; that she did not wish to proceed with the charge, etc. On that basis, the Crown did not seek a witness warrant and the charge was dismissed. No criminal conviction.

Peace Bond Refused, Charge Withdrawn in Domestic Violence

Jurisdiction: Cochrane Provincial Court

Charge(s): CC: s.266 – Assault

Allegations: My client attacked her husband upon awakening in the morning. She verbally attacked his daughter as well and pushed her. She then struck her husband with an unknown object, causing abrasions to his back and drawing blood.

Result: She refused to accept the Crown’s resolution proposal of a peace bond, insisting instead that she did not assault him, and that he assaulted her. On the morning of the scheduled trial date, the Crown withdrew the charge.