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CASE DETAILS

Charge(s): Robbery, Dangerous Weapons
Location: Durham Region, Ontario
Our Client(s): Mr. S
Year: 2023
Lawyer/Paralegal: Richard Aitken
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Please Note: Past results not predictive of future results.

The Background

Our client, a young man, was stopped by the police following a complaint of a knife point robbery. Upon arrest, Mr. S made a statement to the police implicating himself in the robbery. He was found with a gym bag containing a fairly sharp knife.

The police filed a report suggesting that the “victim” in this alleged crime had stolen a “trendy” jacket from a friend of our client and the co-accused. It appeared that out client and his co-accused had decided to “liberate” the stolen jacket.

Robbery is proven if the Crown can establish beyond a reasonable doubt that out client used a knife or threatened to use a knife when stealing back the jacket.

The Goals

The Crown seemed to have a pretty good case: the “victim” was willing to testify against my client. However, I felt that perhaps Mr. S had been overcharged by the police.

The Strategy

When I reviewed the case and my client’s personal circumstances with the Crown, I was able to get the Crown to accept a reduced charge of weapons dangerous. The Crown was likely also bothered that the “victim” had not been totally innocent overall.

The Results

As part of a plea bargain, Mr. S had to do a number of upfront counselling hours. He later pled guilty to weapons dangerous and received a probationary sentence. The count of robbery, which would have come with a jail sentence, was withdrawn by the Crown.

I am not sure if the jacket was ultimately returned to the rightful owner.

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