FILTER SUCCESS STORIES
With an Over 80 charge, our client was able to avoid a criminal record and losing his driver’s licence as a result of cross-examination.
CASE STUDY: Conviction appeal – Failing to comply with the regulations of the Occupational Health and Safety Act
We successfully appealed our client's conviction. This was a novel issue that had not previously been decided and was reported in a reputable law journal.
In this case, the Crown agreed that our client's rights had been breached by police, and the file was resolved with a creative plea.
Our client, a young first time offender with hopes of attending university and starting a career, was able to avoid a criminal record as well as implications for his driver's license.
The story the complainant gave was filled with contradictions; both internal contradictions, and contradictions with the stories of the rest of the family. That said, the majority of the defence relied upon the uncorroborated evidence of the accused and other members of the family, making the case more complex.
His Honour agreed that, following the precedent of R. v. White  and R. v. Roberts  the statement given by Mr. S. implicating himself as the driver would be excluded as evidence.
CASE STUDY: Acquittal – Failure to Provide a Breath Sample into an Approved Screening Device in Oshawa
Mr. K was acquitted on the grounds that the Crown failed to prove that Mr. K.’s refusal to provide a breath sample was intentional and not a misunderstanding.
CASE STUDY: Dismissal of Charges – BAC Over 80, Impaired Driving & Possession of Open Alcohol While Driving in Brantford
The judge noted that while both the Crown and defence had presented a substantial amount of evidence he was concerned with the lack of certainty the Breath Tech had in the accuracy of the Intoxilyzer 8000c reading at the time.
Mr. C came to our office in a state of panic. He had been accused of sexual assault stemming from a sexual encounter with an acquaintance that he was adamant had been, at all times, consensual.
It was clear to us that Mr. B’s name had been searched before police decided to arrest him. In the time the search was being conducted, no further indicia of impairment were noted by the officers.
When police arrived on scene, Mr. K was outside of his vehicle asking for police assistance. Officers then detected the odour of alcohol on his breath.