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Please Note: Past results not predictive of future results.

CASE STUDY: Break and Enter, Assault Causing Bodily Harm

Our client, Ms. A, was involved in a dispute with the complainant over the return of an item that had been borrowed. The parties made arrangements to meet at the complainant’s residence, but the complainant later claimed that Ms. A and her boyfriend forced their way into the residence. The complainant alleged that Ms. A and her boyfriend kicked her apartment door down and proceeded to strangle her and throw her down a flight of stairs, resulting in a broken wrist. Ms. A and her boyfriend were both charged with breaking and entering and assault causing bodily harm. If convicted, Ms. A was likely facing considerable jail time, taking into account that she had a prior conviction for breaking and entering.

CASE STUDY: Sexual Assault x 3, Sexual Interference, Invitation to Sexual Touching

Our client was a man in his 40s with a good job and no criminal record. However, this was put in jeopardy when he was accused of sexual offences for events alleged to have taken place several decades earlier. He was alleged to have had a non-consensual sexual relationship with a distant family member, a minor at the time.

CASE STUDY: Domestic Assault Charges in Oshawa

Our client, Mr. P, was accused of domestic assault by a former partner in the midst of contentious family law proceedings. Based on historical allegations, he was accused of hitting her in the head during a verbal argument, leading to her getting a concussion. Mr. P denied these accusations: he didn’t believe that this incident had occurred.

CASE STUDY: Impaired, Speeding/Stunt Driving

Our client was very happy about the outcome of her case and very grateful for our advice in moving the matter towards trial.

CASE STUDY: Sexual Assault in Kitchener-Waterloo

Our client, Mr. F, was accused by a close family member of sexual assault, indecent exposure, and assault. He was accused of sexually assaulting her when she was young, and later exposing himself to her. He was also accused of committing an assault on her

CASE STUDY: Sexual Assault and Interference

Our client in this case faced serious allegations and the goal was to have him acquitted and found not guilty so he could get his life back on track.

CASE STUDY: Sexual Assault Charges in Peterborough

Our client, Mr. C, was a middle-aged man with a wife and kids and no prior criminal record. He found himself facing serious allegations, however, when he was accused of sexually assaulting the daughter of a former partner nearly 20 years prior.

CASE STUDY: Sexual Assault and Interference Charges in Lindsay

Our client, Mr. M, was a middle-aged man with no criminal record, but he found himself in serious trouble when he was accused of sexual assault by the daughter of his neighbours.

CASE STUDY: Oshawa DUI

Our client was found by a police officer in the live lane of traffic while asleep in the driver’s seat of the vehicle. The vehicle was running. Police arrested Ms. M once they arrived on the scene.

CASE STUDY: Impaired Driving in Oshawa

Mr. G was charged with having care and control of a motor vehicle with a blood alcohol concentration of more than 80. Mr. G was also charged with having care and control of a motor vehicle while being impaired. Mr. G was found asleep in his motor vehicle.

CASE STUDY: Assault charges in Bancroft

The goal was to get both accused acquitted of the charges of assault causing bodily harm. To do this, our lawyers aimed to establish that the accused had acted in self-defence against the actions of the complainant.

CASE STUDY: Impaired Driving, Over 80 in Oshawa

With the Crown unwilling to withdraw the criminal charges against our client, the goal was to go to trial and to have our client found not guilty.

CASE STUDY: Domestic Assault Charges in Belleville

The goal here was to have the accused found ‘not guilty’ by raising a reasonable doubt as to whether he had actually committed the act in question.

CASE STUDY: Impaired Care or Control and Care or Control Over 80 in Oshawa

Given that the Crown was unwilling to withdraw the charge, the very clear goal in this case was simply to show the trial judge that Mr. E. had no intention of moving his vehicle from its resting point in the visitor’s parking of the townhouse complex.

CASE STUDY: Care or Control Over 80 / Impaired in Peterborough

 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.

CASE STUDY: Driving Over 80 / Care or Control in Lindsay

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.

CASE STUDY: Assault in Oshawa

Mr. F panicked and pulled his wife from the car before chasing down the moving vehicle, entering the car and turning off the engine.

CASE STUDY: Impaired Driving and Refuse Breath Sample

Mr. A was charged with Impaired Driving contrary to s. 253(1)(a) of the Criminal Code and Refusing to Provide a Breath Sample contrary to s. 253(5) of the Criminal Code.

CASE STUDY: Over 80

Our client, Mr. N, was a hard working 23 year old man, employed as a bricklayer. It was essential to our client that he keep his driver’s licence so that he could travel from job to jobs sites in the Chatham area.

CASE STUDY: Assault Allegations

It was alleged that Mr. C then grabbed . by the neck and shoved her outside and into the snowbank by placing her face first into the snowbank on the deck.

CASE STUDY: Acquittal: Over 80

Over 80 cases are highly technical and involve a mixture of statutory and constitutional requirements. Failing to meet, or the violation of, those requirements often results in evidence being excluded and an acquittal entered.

CASE STUDY: Acquittal: Criminal Negligence Causing Bodily Harm and Other Vehicle-Related Offences

Following a rather serious accident, an individual was charged with criminal negligence causing bodily harm. What was their intent?

CASE STUDY: Acquittal – Care and Control Over 80

The Crown called one witness but we called three. We effectively cross-examined the Crown’s witness (the officer) and were able to present our three witnesses as credible. We successfully rebutted the presumption. Mr. T.G. was therefore acquitted of the charge.

CASE STUDY: Acquittal – Care or Control Over 80 in Oshawa

Mr. G needed to avoid all the repercussions of the criminal record that would flow from a conviction of the Over 80 offence.

CASE STUDY: Acquittal – Sexual Assault – Sexual Exploitation – Sexual Interference

Inconsistencies in evidence about the sexual touching between police statement, preliminary hearing evidence and trial evidence made evidence not reliable nor believable.

CASE STUDY: Over 80 – Police Misconduct

Ms. M had been at a local bar having a few drinks with a friend of hers.  As a result of being sexually harassed by a fellow patron (a tow truck driver), our client left the bar and drove to McDonald’s for a snack.  The tow truck driver followed her out, and called the police to report a possible DUI. The reality is that the tow truck driver was hoping that our client would be arrested so he could tow the car and impound it for seven (7) days – perhaps earning $1,000 in the process.

CASE STUDY: Care & Control and Over 80 Acquittal

Mr. G had been watching the CFL Grey Cup while he hung out with a few of his friends on the night of Sunday November 25 to Monday November 26, 2014. At the time, he was facing a serious financial burden as he was supporting his new, young family.  After entering the car with his friends, he turned towards the street from the parking garage but shortly made an additional turn to return to the parking garage. An officer, who was located across the street, grew suspicious that he should be entering the vehicle so late on a Sunday night / early Monday morning on Grey Cup day and decided to investigate.

CASE STUDY: Acquittal – Impaired by Drugs and Dangerous Operation

Following a mishap regarding our client being advised to take an incorrect dosage of Ativan, the Durham Regional Police Service stopped Mr. B’s vehicle as a result of erratic driving but, fortunately, before any accidents had occurred. Mr. B had no recollection of entering his vehicle or being caution by the police to pull his vehicle over.

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