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Win of the Week: Full withdrawal of the charges mid-way through a trial

Welcome to our fifth Aitken Robertson Win of the Week: in this series, we highlight recent great results from our lawyers and paralegals, from wins at trial to withdrawals of the charges.

This week’s Win of the Week comes from Dan Lemaire with a full withdrawal of the charges mid-way through a trial. Our client, a youth under the Youth Criminal Justice Act, was accused of sexual assault in relation to an incident in which the complainant claimed that the sexual activity was non-consensual. Our client maintained that all activity was consensual. The matter was set for a trial. Even though a youth and not subject to sex offender registration requirements, if convicted, our client would have been facing some likely jail time.

On the first day of trial, Mr. Lemaire cross-examined the complainant on her story. He exposed various inconsistencies and issues with her allegation, and raised doubt about her claim that she had not consented.

As a result of Mr. Lemaire’s cross examination of the complainant, the Crown agreed that there was no reasonable prospect of our client being convicted. The charge was consequently withdrawn entirely midway through the first day of trial, without our client even having to testify. Our client was free of this charge and the potential devastating consequences of a conviction for sexual assault. Our client was ecstatic and relieved with the result, and he thanked Mr. Lemaire and his team for their hard work and dedication.

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Please Note: Past results not predictive of future results.


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