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CASE DETAILS

Charge(s): Possession of Child Pornography x2 & Access Child Pornography x2
Location: Kingston, Ontario
Our Client(s): Mr. F
Year: 2020
Lawyer: Virginia Dolinska
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Please Note: Past results not predictive of future results.

The Background

Our client Mr. F was in custody and was facing some very severe charges. Upon being charged, our client was not released but instead held in custody for a bail hearing. The allegations in this matter consisted of Mr. F possessing child pornography in the form of videos and photos as well as accessing these materials online through various devices. Upon police seizure of these devices, a forensic analysis revealed what was described to be images a female child between the ages of four and nine years old performing sexual acts with adult males and females. One of the images described the female child being penetrated vaginally by an adult male. Numerous other materials were alleged to have been located on Mr. F’s devices which were not yet analyzed. Additionally, we were informed by the Crown Attorney that additional charges may be laid which included sexual assault on a prepubescent child. To make the matter even more challenging, the Crown possessed incriminating evidence of admission.

The Goals

The goal was to have Mr. F released from custody as soon as possible so that he can take steps to properly defend himself against the charges.

The Strategy

The Crown Attorney was not agreeing to a consensual release of Mr. F. This meant we had to proceed with a show cause hearing with a strong release plan and a strong surety. We also knew we have to cast doubt on the Crown’s evidence during the hearing so as to undermine the strength of the Crown’s case as well as illustrate these shortcomings to the court. Additionally, we took time to prepare the surety in testifying in court and answering questions so that the surety can be depicted in the best light during the bail hearing.

The Results

After a long and evidentially burdensome show cause hearing we were able to secure release for Mr. F. The court ruled for a release with various conditions and prohibitions which also included Mr. F residing with his surety at all times while he was on his release. Our client was thankful he was able to return to the community and start building his case for defence. 

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