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City: Kingston, Ontario
Our Client: Mr. S.
Charge(s): Assault with a Weapon (Knife) and Possession of a Weapon Dangerous to Public
Lawyer:  Virginia Dolinksa
Virginia Dolinska - Criminal Lawyer Ottawa
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Case Study: Assault with a Weapon (Knife) and Possession of a Weapon Dangerous to Public-Charges Withdrawn

Background Allegations

Our client was a high-school student and was charged under the Youth Criminal Justice Act. There was one co-accused, who also attended the same high-school as Mr. S. Our client did not have an easy upbringing and faced many difficulties at school as well as at home. He changed schools more than once. The allegations against Mr. S. were that he and the co-accused approached the complainant in class and cornered the complainant while each accused held a knife. It was further alleged that Mr. S. and the co-accused used the knives to point at the complainant’s throat and chest area. The facts surrounding the incident also alleged threats made to the complainant.

Goal

Mr. S. was a youth, and although he did not have an easy upbringing, he faced criminal charges for the first time. The goal was to keep Mr. S. from a conviction and a likely jail sentence.

The Strategy

From the very beginning, we knew that if we could not resolve Mr. S.’s matter, we would go to trial. Mr. S.’s version of events varied greatly from what the complainant alleged took place. Further, there were no Crown witnesses.

 

Result

Mr. S.’s charges were withdrawn. After some initial discussions with the Crown, we were offered a much more lenient sentencing position than what was originally proposed, however, we knew we could achieve an even better outcome in Mr. S.’s case. We took advantage of all available avenues and in the end, after multiple meetings with the Crown, we were able to have the charges withdrawn. Mr. S. and his family were delighted with the results.

Please Note: Past results not predictive of future results.

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