Cases tagged as Weapons

• R. v. B.B.2025

  The client was charged with careless use of a firearm, unauthorized possession of a firearm in a motor vehicle, and discharging a firearm with intent. This was an incredibly serious allegation. It was somewhat historical. After reviewing the disclosure, I determined that there was no reason why the investigation seemed to have stalled for two years. It became apparent that the police had no reasonable likelihood of conviction from years prior, but nevertheless decided to charge the client even though they had left the investigation stagnant. What's more, there was significant disclosure missing/lost/destroyed and what disclosure we did receive was delayed. With all of the issues with the prosecutions case, although initially they did not want to resolve it, it became apparent that there was no reasonable likelihood of conviction, so they entered a stay of proceedings. This left my client with no conviction and no criminal record.

  Weapons

• R. v. T.B.2023

  The client was charged with two charges for possessing firearms in an unauthorized place, two charges of assault, and one charge of assault causing bodily harm. After reviewing the disclosure and discussing the issues I found within the disclosure with the prosecutor, namely, that there were significant issues with their ability to prove any of the firearms charges against my client because his rights were violated by the police, and if we went to trial, I expected the judge would exclude that evidence. Regarding the assault charges, there were issues with the prosecutor's ability to prove the assault causing bodily harm, and one of the counts of assault. In the end, the client gave me instructions to enter a guilty plea to the one count of simple assault (domestic) for a conditional discharge. This will leave my client without a conviction and without a criminal record when originally, he would have faced jail time.

  Weapons

• R. v. J.Z.2023

  The client was charged with assault with a weapon, possession of weapon for dangerous purpose and cause a disturbance. After reviewing disclosure and discussing the issues I found within the disclosure with the prosecutor, I was able to convince the prosecutor of accepting a guilty plea on the assault with a weapon charge. The client plead guilty to the one count and was sentenced to a 9-month conditional discharge with the other two counts being withdrawn. This sentence will leave the client without a criminal conviction.

  Assaults Weapons

• R. v. K.M.2023

  The client was charged with possession of a firearm at an unauthorized place. I reviewed the disclosure in detail, and was able to prepare arguments as to why the prosecutor should agree to resolve the matter so the client would not have a criminal record. I met with the prosecutor and presented my arguments. The prosecutor agreed and the charge was dropped, leaving the client without a criminal record and without a conviction.

  Weapons

• R. v. J.M.2023

  The client was charged with assault with a weapon. The complainant did not provide a written statement to police. The complainant did allege that the client assaulted him, however. Later, the complainant spoke to police again and confirmed that the original allegation was not accurate and that the client did not assault him. I used that information to approach the prosecutor to say that with that new information they did not have a case against my client. The prosecutor agreed, and the charge was dropped (withdrawn), leaving the client with no criminal record and no conviction.

  Assaults Weapons

• R. v. J.W.2023

  The client was charged with assault with a weapon as a result of a beer bottle being used during the assault. The complainant was injured as a result of the offence. The allegation was serious and could have resulted in a jail sentence and an additional charge of assault causing bodily harm. However, I worked with the client to have them enroll in treatment and counselling, as well as having them provide me with information and documentation that would help me resolve the matter. The client entered a guilty plea and the prosecutor agreed to jointly propose a conditional discharge to the judge. The sentence will leave the client without a conviction.

  Weapons

• R. v. K.M.2022

  The client was charged with careless use of firearm and pointing a firearm contrary to the Criminal Code of Canada, as well as a Traffic Safety Act offence for failing to stop at a stop sign at an intersection. This was a serious allegation and the client could have faced jail time if convicted. I worked closely with the client to have them enroll in courses and complete tasks that helped me to negotiate with the prosecutor. I was able to convince the prosecutor to agree to have the client enroll into the Alternative Measures Program. The client completed the requirements of the program and all charges were dropped. This left my client without a criminal record and without a conviction.

  Weapons

• R. v. J.H.2022

  The client was charged with unlawfully discharging a firearm with intent to wound, maim or disfigure, possession of a prohibited firearm, and failure to comply with a recognizance order. These are very serious charges, especially unlawfully discharging a firearm with intent, which, at the time of the alleged offence, carried a mandatory minimum sentence of five years of imprisonment when a restricted firearm is used. After a preliminary inquiry, the client instructed me to see what kind of deal I could get from the prosecutor. An offence like this would have meant a jail sentence of over five years. However, I was able to persuade the crown prosecutor to agree to a sentence of three years jail. The other charges were dropped.

  Weapons

• R. v. K.A.2022

  The client was charged with assault with a weapon and two counts of assault based on three separate domestic allegations by one complainant. The complainant gave several detailed statements to police. The client provided me with evidence of ongoing parenting litigation between the client and the complainant. I reviewed the statements and other evidence very carefully, and it became apparent that the complainant was falsely accusing the client in order to gain the upper hand in the parenting litigation. I was able to convince the prosecutor that they had very serious issues with their case. The crown prosecutor ultimately agreed with me that there was no reasonable likelihood of conviction, and withdrew (dropped) all of the charges, saving the client from a criminal record.

  Assaults Weapons Domestic

• R. v. K.I. 2022

  The client was charged with assault with a weapon and theft under $5000.00. When I reviewed the disclosure, I realized that the crown would have trouble proving the client's identification which they need to prove to get a conviction. After some back-and-forth discussions, I convinced the crown to drop the charges. This meant no criminal record and no conviction for the client.

  Assaults Weapons Theft

• R. v. T.G.2022

  The client was charged with possession of a firearm, pointing a firearm and assault with a weapon. There were many negotiations that went back and forth with the crown. Initially the crown sought a significant jail sentence, however, I was able to negotiate for a conditional sentence order for the client. That meant no jail for very serious charges.

  Weapons

• R. v. A.A.2021

  The client was charged with assault with a weapon, uttering threats and assault. The allegations were domestic in nature. They were very serious and a conviction would have had implications for the client's immigration status. I worked with the client to have them enroll in programs that would help me to help him. I received the disclosure and determined that there were issues with the crown's ability to prove the charges. I approached the prosecutor with both the information that the client had provided me with, along with my assessment of the case, and the crown agreed to outright withdraw all charges - assault, assault with a weapon and uttering threats.

  Assaults Threats Weapons Domestic

• R. v. A.E.2021

  The client was charged with possession of a controlled substance (cocaine) and possession of a prohibited weapon (baton) along with multiple traffic tickets. The client was stopped in a vehicle and the police searched it. I reviewed the disclosure and determined there were issues with the validity of the traffic stop i.e. the police did not have the grounds to stop the vehicle. The crown prosecutor agreed when I met with them, and I had all of the criminal and drug charges dropped, leaving the client with no criminal record and no convictions.

  Drugs Weapons

• R. v. L.C.2021

  The client was charged with assault with a weapon, assault causing bodily harm, and two counts of failure to comply. Initially, before I was counsel for the client, the crown sought a jail sentence (90 days) for the charges. I reached out to the crown and pointed to concerns regarding their inability to prove that the client was a party to the offence, as the allegations suggested. The crown agreed that the case was weak and offered a common law peace bond. With that, the charges against the client were all withdrawn (assault with a weapon charge and assault causing bodily harm).

  Assaults Weapons

• R. v. W.B.2021

  The client was charged with a domestic assault with a weapon and assault causing bodily harm. The client had a previous history of domestic allegations, but none which resulted in convictions. Under my suggestion, the client began counselling Initially the crown prosecutor was seeking a term of jail (90 days). However, once I was retained to assist the client, I was able to negotiate a guilty plea for a sentence of 18 months probation. I was able to argue for a lesser sentence, and the client was sentenced to only 12 months probation.

  Assaults Weapons

• R. v. D.K.2021

  The client was charged with assault with a weapon, mischief, and multiple traffic tickets. After early case resolution discussions with the Crown, the client was approved and accepted into the Alternative Measures Program. The charges and tickets were withdrawn upon completion of the program. The client was left with no criminal record and no convictions for any of the criminal charges. The traffic tickets were also withdrawn.

  Assaults Weapons Mischief Dangerous Driving

• R. v. R.B.2020

  The client was charged with assault and careless storage of a firearm. Upon a detailed review of the disclosure, I determined there were issues with the way the police dealt with my client, and in particular, the search of the residence and seizure of the firearm. Armed with that information, I approached the crown to resolve the matter by way of a withdrawal of the firearms charge right at the outset, and then a withdrawal of the assault charge after the client entered into a peace bond for that charge. This was the best possible outcome in this case as the client avoided a conviction.

  Assaults Weapons

• R. v. M.A.2020

  The client was charged with assault with a weapon, mischief, and unlawfully being in a dwelling house. The circumstances of the allegation were that the young person who was gainfully employed, was involved in a relationship that was tumultuous. I was able to explain the situation to the crown prosecutor, showing that the client was the real victim and had the charges dropped upon restitution being paid for damage to some of complainant's property. This was the best case scenario outcome that was achieved as the client's employment would have been at risk with a criminal record.

  Assaults Weapons Mischief

• R. v. S.M.2020

  The client was charged on three different dockets. The charges included assault, assault with a weapon and uttering threats on the first. The second was for two counts of mischief, two counts mischief to property under $5000, and failing to comply. The last was for failing to attend. When we received his legal aid certificate, the client was in custody. He pleaded guilty to assault, one count of mischief to property under $5000, failing to comply, and failing to appear. The remaining charges were withdrawn. He had 14 days of pre-trial custody and was released on time served.

  Assaults Threats Weapons

• R. v. J.G.2020

  The client was charged with unauthorized possession of a firearm, carrying a concealed weapon, and two counts of careless use of a firearm. The client attended counseling and also met with a psychologist to discuss the events that led to the charges. After lengthy discussions with the crown, after everything the client had done to address his issues, she was willing to withdraw the charges on the condition that a five year Order for Prohibition pursuant to s.111 (weapons prohibition) be entered. The client avoided any criminal conviction being entered on his record, which was important given his dual citizenship with the United States.

  Weapons

• R. v. C.S.2020

  The client was charged with assault with a weapon, assaulting a peace officer with a weapon, and resisting arrest. After obtaining some background from the client regarding his mental health history, the crown was persuaded to refer the matter to the mental health diversion program. Once the client completed the requirements of the program, the charges against him were withdrawn.

  Assaults Weapons

• R. v. A.A.2020

  The client was charged with a series of very serious offences stemming from the police stopping the vehicle the client was in, and finding a loaded firearm. The allegation was serious enough that the client was facing a penitentiary term of imprisonment. After receiving disclosure and completing a comprehensive assessment, I approached the prosecutor. After the prosecutor reviewed the file, they agreed that the charges against the client should be dropped entirely. The client walked away with out a conviction. The issues on the file were that the crown would not have been able to establish that the client possessed the firearm.

  Weapons

• R. v. J.G.2020

  The client was charged with unauthorized possession of a firearm, carrying a concealed weapon, and two counts of careless use of a firearm. The client attended counselling and also met with a psychologist to discuss the events that led to the charges. After lengthy discussions with the crown, after everything the client had done to address his issues, she was willing to withdraw the charges on the condition that a five year Order for Prohibition pursuant to s.111 (weapons prohibition) be entered. The client avoided any criminal conviction being entered on his record, which was important given his dual citizenship with the United States.

  Weapons

• R. v. A.A.2020

  The client was charged with a series of very serious offences stemming from the police stopping the vehicle the client was in, and finding a loaded firearm. The allegation was serious enough that the client was facing a penitentiary term of imprisonment. After receiving disclosure and completing a comprehensive assessment, I approached the prosecutor. After the prosecutor reviewed the file, they agreed that the charges against the client should be dropped entirely. The client walked away with out a conviction. The issues on the file were that the crown would not have been able to establish that the client possessed the firearm.

  Weapons

• R. v. U.M.2019

  The client was charged with assault with a weapon. The client pleaded guilty and the matter was set down for sentencing. A pre-sentence report was ordered, which outlined some of the neurological issues the client faced after brain surgery. This was helpful because even though he had two prior convictions for assault, he was able to avoid a jail sentence, as the judge factored this in to her decision. He was given a 12 month conditional sentence order and 12 months of probation.

  Assaults Weapons Probation