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CASE DETAILS

Charge(s): Possession of Child Pornography x2, Access Child Pornography x2, & Make Available Child Pornography x2
Location: Kingston, Ontario
Our Client(s): Mr. S
Year: 2023
Lawyer/Paralegal: Virginia Dolinska
Ottawa Criminal Lawyer - Virginia DolinskaLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Throughout the investigation, it was alleged that Mr. S was possessing, accessing and transferring child pornography materials through various electronic devices. A warrant was issued and the devices in question were seized by police for a forensic analysis. The results of the forensic analysis confirmed that materials found on Mr. S’s devices were indeed child pornography. Mr. S was charged accordingly and faced serious and lifelong consequences if he was to be found guilty of these offences.

The Goals

The goal was to have the charges against Mr. S withdrawn.

The Strategy

Various production orders issued by the courts as well as the warrants for seizure of devices were closely analyzed. It appeared that these contained flaws that could be raised in Mr. S’s defence. Furthermore, after discussions with our client, in conjunction with the forensic analysis disclosed by the Crown, it was questionable whether the Crown can prove beyond a reasonable doubt that Mr. S was in fact aware of the nature of materials that were in his possession.

The Results

After on-going discussions with the Crown Attorney spanning through several months, all charges against Mr. S were outright withdrawn.

Our client felt that a great weight has been lifted off his chest. He was now able to return to his daily life without the fear of jeopardising his personal life and career goals for many years if not for the rest of his life.

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