Cases tagged as Sexual Assault

• R. v. D.L.2023

  The clients was charged with a serious allegation of sexual assault. The case was very complex and took an exceptional amount of preparations both on my own and with my client. We proceeded with a trial. At trial I was able to cross-examine the complainant such that it left the court with a reasonable doubt. My client was acquitted. That is, the judge found him "not guilty".

  Sexual Assault

• R. v. R.K.2023

  The client was charged with sexual assault. The allegation was very serious. The client would have faced jail time in a penitentiary if convicted. I prepared the matter for trial. Before the trial date the prosecutor and I spoke. The prosecutor made a proposal for resolution of the matter which would have still left my client with a conviction and serious ramifications for his future. I spoke to the client and then to the prosecutor and was able to convince the prosecutor to drop the charge if the client entered into a peace bond. The client entered into the peace bond and the charge was dropped. This left my client without a conviction and without a criminal record.

  Sexual Assault

• R. v. A.T.2023

  The client was charged with sexual assault. After reviewing disclosure (evidence), it was clear the client had a valid defence to the very serious criminal charge. I reached out to the prosecutor to request that they review the file to withdraw the charge. The first prosecutor that was assigned to the file decided they would not withdraw it. The client then gave me instructions to plead not guilty and a trial date was set. I prepared for the trial with the client. After doing so, and just prior to the trial date, the second prosecutor reviewed the file and contacted me to confirm he would be dropping the charge against the client. This left my client without a criminal record and without a conviction. My client also avoided having to register with the Sex Offender Registry.

  Sexual Assault

• R. v. D.G.2023

  The client was charged with two counts of sexual assault against a minor. After reviewing the disclosure and meeting with the client the client gave instructions that they wanted to enter a not guilty plea and have a trial at the Court of King's Bench with a preliminary inquiry at the Alberta Court of Justice. I prepared extensively for the preliminary inquiry. On the date of the preliminary inquiry, I was able to convince the prosecutor to resolve the matter with a 12-month peace bond. Both charges of sexual assault were withdrawn on that date, leaving the client with no criminal record and no convictions for what were considered to be very serious allegations of sexual assault.

  Sexual Assault

• R. v. N.S.2023

  The client was charged with one count of assault and one count of sexual assault. The allegation arose during a work related gathering. I was able to negotiate with the prosecutor to drop both charges if the client agreed to a 6-month long peace bond. The client accepted and entered into the peace bond. The client was left without a conviction or criminal record.

  Assaults Sexual Assault

• R. v. J.H.2023

  The client and another person were charged with sexual assault. The allegation arose at a party. After reviewing the initial evidence against the client it was apparent that there was documentation missing that the police did not provide the prosecutor so the prosecutor had not provided it to me. After many requests for the evidence (called disclosure), I was able to review it and determine that there were serious issues with the prosecutor's ability to prove the allegation against my client. I prepared a review of the problems with the prosecutor's case and met with the prosecutor to discuss the same. The prosecutor agreed with my assessment, and the charge of sexual assault against my client was dropped (withdrawn), leaving my client with no conviction and no criminal record.

  Sexual Assault

• R. v. J.W.2023

  The client was charged with sexual assault. The client provided instructions to enter a not guilty plea and to set a trial date. In preparation for trial, a pre-trial conference was held with a judge and the prosecutor. The prosecutor advised that they would be wiling to drop the charge if the client agreed to a 12-month common law peace bond. The trial date was cancelled and the client entered into the 12-month common law peace bond. The charge was dropped, leaving the client without a conviction and without a criminal record.

  Sexual Assault

• R. v. D.M.2022

  The client was charged with sexual assault. This was a serious allegation given if the client was convicted or plead guilty they would face a sex offender registry order for ten years and a criminal record. I had the client complete a number of things for me that would help me negotiate with the prosecutor. In the end, the prosecutor agreed to a guilty plea to the less serious offence of just assault for a conditional discharge. This was the best possible outcome for the client and it will leave them with no conviction.

  Sexual Assault

• R. v. Q.M.2022

  The client was charged with sexual assault and sexual interference of a minor. This was an incredibly serious allegation that would have led to jail time for three years or more if convicted. The file was incredibly complex and required significant thought as to the trial strategy. I knew that the client had a very good defence. I worked closely with the client for trial preparations. In the end, less than a week before the trial in front of a jury was set to begin, the prosecutor realized the inherent weakness in their case and outright withdrew both charges. With the charges both dropped, the client was left without a conviction and without a criminal record.

  Sexual Assault Sexual Interference

• R. v. N.C.2022

  The client was charged with sexual assault and sexual interference with a minor i.e. engaging in a sexual act with someone under the age of 16. This was an interesting case where the complainant's credibility and reliability was in question. There was also another person charged at the same time as the client so there were two alleged offenders. The matter was set for trial after a not guilty plea was entered. During extensive preparations for trial, and with discussions with the co-accused's lawyer, I was able to confirm the strength of the client's defence to the charges. During my trial preparations, I had discussions with the prosecutor. I was able to convince them to drop the charges outright after the client completed some counselling and courses. This left the client without a conviction and without a criminal record.

  Sexual Assault Sexual Interference

• R. v. J.W.2022

  The client was charged with sexual assault. The client's instructions were that they wanted to enter a not guilty plea and set a trial date. This was a matter were the primary issue was that of consent. That is, it was our argument that the complainant in fact consented to the sexual activity so it was not an offence. I worked closely with the client in preparation for trial. The prosecutor reached out to me prior to trial to offer the client a common law peace bond. The client accepted the peace bond and the charge of sexual assault was dropped. This left the client without a conviction and without a criminal record.

  Sexual Assault

• R. v. L.S.2022

  The client was charged with the offence of making an agreement with another person to commit a sexual offence against a child. A conviction for the offence would have left the client with a criminal record, implications for custody and access to their children, and jail time. The client suffered from mental health issues and provided documentation to support that. Child Family Services were involved as the allegation involved the client's children, but Child Family Services ultimately decided that the children were safe with the client along with the children’s wishes to remain with the client as they did not fear their safety. After speaking to the prosecutor and providing documentation to support the Child Family Services decision along with the client's mental health issues and counselling completion, the prosecutor agreed to resolve the matter by withdrawing the charge if the client entered into a 12-month peace bond. This left the client without a conviction and without a criminal record.

  Sexual Assault

• R. v. B.B.2022

  The client was charged with sexual exploitation. The client pleaded not guilty and a  preliminary inquiry date was set. I had reviewed all the evidence against the client, and it was clear to me that the crown prosecutor would not be able to prove the offence. I explained this to the crown prosecutor and they agreed to drop the charge against the client. This was a very serious allegation that could have resulted in a lengthy jail sentence. However, with the charges dropped, my client was left without a conviction and without a criminal record.

  Sexual Assault

• R. v. S.B.2022

  The client was charged with sexual interference and sexual assault. These were very serious charges involving a child. Prior to the preliminary inquiry which had been set, I was able to persuade the crown prosecutor that there was no reasonable likelihood of conviction, and to agree to withdraw (drop) all of the charges. This saved the client from a criminal record for very serious offences.

  Sexual Assault

• R. v. J.D.2022

  The client was charged with sexual assault and sexual interference. This was a serious allegation and the client was at risk of a jail sentence if convicted. I was able to convince the prosecutor that the matter could be resolved by way of the client entering into a common law peace bond. The prosecutor agreed and the charges were dropped.

  Sexual Assault Sexual Interference

• R. v. R.G.2022

  The client was charged with sexual assault and sexual interference (with someone under 16 years of age). The client was in a position of trust over the victim. The client decided to plead guilty and wanted to get as little jail time as possible. There were problems with the evidence, which I explained to the crown prosecutor. I was able to get the crown prosecutor to agree to withdraw the sexual assault charge if the client pleads guilty to the sexual interference charge and join me in recommending a sentence of six months of jail and 18 months of probation. The client instructed me to accept that “plea deal”. The judge accepted our joint recommendation. The client pleaded guilty to sexual interference, the sexual assault charge was withdrawn, and the client was sentenced to six months of incarceration and 18 months of probation. This was an excellent outcome for the client, especially considering that the 2020 Supreme Court of Canada decision R v Friesen directed sentencing judges that prison sentences of five to ten years or more should be “the norm” for many sexual interference cases.

  Sexual Assault Sexual Interference

• R .v. M.J. 2022

  The client was charged with sexual assault. I reviewed the disclosure very carefully and determined that there was no evidence to support the charge of sexual assault that the client faced. Eventually, the crown prosecutor reviewed the file as well and agreed to drop the charge (withdraw it). This left my client without a criminal record and without a conviction for the very serious charge of sexual assault.

  Sexual Assault

• R. v. L.C. 2022

  The client was charged with sexual assault. The allegation was that it was a very serious sexual assault arising from a "hook up". I reviewed the disclosure (evidence) in detail and came to the conclusion that the crown prosecutor did not have a strong case against my client. The client told me they wanted to plead not guilty and have a trial. I booked the case for a trial and prepared extensively for my client's defence. Prior to the trial beginning, the crown prosecutor agreed to drop the charge, leaving my client without a criminal record and without a conviction for the very serious charge of sexual assault.

  Sexual Assault

• R. v. C.P.2022

  This was a matter that involved multiple parties and a complex legal issue. The surrounding circumstances were that the client and other co-accused were charged with sexual offences though no actual physical offence took place. The case was long and drawn out. There were several dates set for legal arguments including whether or not the trial was going to be held within a reasonable time. There were also other arguments that were made including an argument that the client's rights were violated when the police seized messages from a cell phone. In the end, the judge decided that the trial was not held within a reasonable time and all charges were dropped. This left my client without a conviction and without a criminal record for this very serious sexual offence allegation.

  Sexual Assault

• R. v. J.H.2022

  The client was charged with sexual assault. the matter was very serious and a conviction would have meant the client would have spent a significant penitentiary term of jail. We had a preliminary inquiry and then proceeded to trial at the Court of Queen's Bench. I prepared the client for trial, and worked hard to be as ready as we could be. In the end, a few days before trial, the prosecutor agreed to drop the charge. This left the client with no criminal record and no conviction.

  Sexual Assault

• R. v. S.C.2021

  The client was charged with sexual assault and a warrant was issued for their arrest. Being charged was of course devastating for the client. I reviewed the disclosure (evidence) and determined that the crown could not prove the charge of sexual assault. I spoke with the crown prosecutor about my findings, and they agreed that they could not prove the charge of sexual assault. The charge was dropped, leaving the client with no criminal record and no conviction.

  Sexual Assault

• R. v. S.B.2021

  client was charged with sexual assault. The matter involved an allegation of sexual intercourse that the complainant said was not consensual. The client plead not guilty, and a trial date was set. I prepared extensively for the trial. After trial, the client was found NOT GUILTY. This was of course a great outcome for the client, especially because there would have been significant collateral consequences for him if he had been convicted. The client was left without a criminal record and without a conviction.

  Sexual Assault

• R. v. P.Z.2021

  The client  was charged with rape and choking to overcome resistance from the 1981 Criminal Code of Canada. This was a unique case as it was a historical sex assault where the police reopened the investigation years later. The client was facing a very lengthy term of imprisonment. I worked tirelessly to get the client the best possible plea deal from the prosecutor. The client was very pleased with the result.

  Sexual Assault Assaults

• R. v. R.G.2021

  The client was charged with sexual assault. It was clear from my review of the case that there were serious issues with the case. I determined that the prosecutor would not be able to prove the charge. Of course a charge of sexual assault and especially a conviction would have been devastating to the client. At first, we had to set the matter for trial as the prosecutor did not look closely at the file and would not drop the charge. Then, at a pre-trial conference prior to trial, a new prosecutor was assigned and agreed to look at the case more closely. Once they did that, and once they heard what I thought the issues were, they agreed to drop the charge outright. With the charge withdrawn, the client was left without a criminal record and without a conviction.

  Sexual Assault

• R. v. W.W.2021

  The client was charged with two counts of sexual assault. The allegations were serious. If the crown was able to prove the allegations and the client was convicted they were looking at a term of jail in a penitentiary. However, I was able to convince the prosecutor that there was no reasonable likelihood of conviction i.e. that the crown could not prove the allegations against my client. The crown agreed and both charges of sexual assault were dropped (withdrawn). The client was obviously very pleased with the results.

  Sexual Assault