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CASE DETAILS

Charge(s): Assault x 1; Assault x 1
Location: Oshawa
Our Client(s): Ms. P
Year: 2023
Lawyer/Paralegal: Channdeep Nagi
Channdeep Singh NagiLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Our client, Ms. P, had no prior record. The client was in relationship with the complainant. She was in a relation for the last four years. A dispute ensued between the complainant and our client which led to the police involvement. Ms. P was charged with assault and assault with a weapon. The Crown was seeking a criminal conviction with a 5 years of weapons ban and a DNA order. The Crown was agreeable to suspend the passing of sentence.

The Goals

Ms. P was enrolled in a nursing program. A criminal conviction would have meant that Ms. P could not continue with her career of choice. Ms. P had instructed Mr. Nagi to get the criminal charges withdrawn or set the matter for trial.

The Strategy

Mr. Nagi thoroughly reviewed Ms. P’s file. Mr. Nagi reviewed the complainant’s statement, and identified all the triable issues which could assist Ms. P at the trial. Mr. Nagi conducted a Crown pre trial (“CPT”). At the CPT, Mr. Nagi highlighted the various internal and external inconsistencies in the complainant’s statement. Further, Mr. Nagi brought to the Crown’s notice various credibility and reliability issues with the Crown’s witness. Mr. Nagi pressed upon the Crown attorney about how the Crown’s case could fall apart at the trial. Through a combination of rigorous pre-trial advocacy and counselling initiatives by Ms. P—the Crown agreed to withdrawn the charges against our client.

The Results

The result of the negotiation was a success. The Crown agreed to withdraw the charge.

Client’s Reaction

Ms. P was extremely happy with the result. She could continue with her nursing program and pursue her passion. She could complete her program and contribute back to the community. We at Aitken Robertson strongly believe that criminal charges do not define the defendants. Sometimes, people make stupid decision or just end up in a bad situation at a bad time. Everyone deserves a second chance.

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