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City: Kingston, Ontario
Year: 2019
Our Client: Mr. P.
Charge(s): Arson
Lawyer:  Virginia Dolinksa
Virginia Dolinska - Criminal Lawyer Ottawa
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Case Study: Charge Withdrawn – Arson

Background Allegations

Mr. P. had an extensive criminal record. Additionally, he was also convicted for arson in the past and served more than one jail sentence. The allegations against Mr. P. consisted of setting a truck on fire that was stationed at a parking lot of a hotel. The Crown presented compelling circumstantial evidence. There was video footage depicting a person walking up to the vehicle and the vehicle catching fire after which the perpetrator left and entered a hotel room. Hotel management was able to pinpoint the unit number of the hotel room based on the location and angle of the video footage. The fire left the truck un-drivable.

Mr. P. presented an alibi, however, we knew the timing of the incident and the alibi would be tricky during trial and it could fail. On conviction, Mr. P. was looking at between six and nine months of jail.

Goal

The objective was to establish doubts in the evidence presented by the Crown and have the charge withdrawn.

 

The Strategy

All evidence was carefully reviewed and analyzed. This included evidence given by the hotel management and all video footage. It was decided that the Crown would face a difficulty establishing the identity of the perpetrator. Additionally, we had the defence of an alibi to explore further if needed. We had a strong enough case for trial. At the end, the Crown withdrew the charge.

 

Verdict

The arson charge was withdrawn. Needless to say, Mr. P. was delighted!

Please Note: Past results not predictive of future results.

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