Our client was stopped by police while operating a semi-truck. The police searched the truck and located several kilograms of marihuana hidden in a secret compartment.
Upon reviewing the police officer’s notes, it became apparent that his grounds to detain and search the truck were lacking. After the officer was cross examined at the Preliminary Inquiry, the Crown Attorney agreed. The charges were withdrawn.
Our client, who had recently lost his father to cancer, turned to alcohol and drugs to cope with his grief. His relationship with his partner deteriorated, and an argument escalated into him pushing her. He was charged with assault.
Upon being retained, we immediately requested disclosure and reviewed the case against our client. We quickly learned that he had grief and addiction issues. We discussed these circumstances with the Crown Prosecutor and as a result, our client was referred to the Alternative Measures Program before having her his withdrawn.
Our client was charged with second degree murder in the beating death of a man in a drug house. The sole witness against the client was a youth who was cognitively and emotionally delayed.
The witness attended the Preliminary Inquiry and testified that he did not recall seeing the beating of the victim that resulted in his death. The Crown then applied to have his previous statement, which was video recorded, admitted into evidence for the truth of its contents.
We were able to successfully defend this application, resulting in there being no evidence whatsoever against the client. The charges were therefore stayed.
Our client was charged with sexual assault after a woman that he met on Tinder alleged that he had sexual intercourse with her without her consent.
The complainant alleged that certain aspects of the sexual activity had been consensual, however the actual intercourse was not. The client was able to describe, in detail, the steps that he had taken to ascertain consent at each stage of the sexual activity, and what actions he and the complainant had undertaken. We were able to persuade the Crown Attorney to engage in a limited discussion with the complainant about the client’s version of events, which resulted in the Crown Attorney determining that the complainant’s evidence was inconsistent with her previous statement and the other evidence. As a result, the charges were stayed.
Our client was a victim of long term physical and mental abuse at the hands of her husband. One night, after both had been drinking heavily, her husband attacked her, as he had often done before. Our client ultimately stabbed her husband resulting in his death. She was charged with second degree murder.
Upon being retained we immediately had the client assessed by a Psychologist, who diagnosed her with Post Traumatic Stress Disorder. The Psychologist testified at trial about the impact that the years of abuse had had on the client, and as to how her mind interpreted the threat to her on the night in question in light of her experiences of abuse.
The client was acquitted of second degree murder on the basis of self defence.