The Queen vs. The Defendant

Cases tagged as Weapons

  • R. v. G.H.2019

    The client was charged with assault with a weapon. He pleaded not guilty and the matter was set down for trial. On the day of trial, the complainant did not show up. The crown also hadn’t subpoenaed all the officers to appear as witnesses. As such, the charge was stayed. The client avoided having another conviction on his record.

  • R. v. A.J.2019

    The client was charged with impaired operation, failing to provide insurance, failing to provide registration, failing to provide a driver's license, and unauthorized possession of a prohibited weapon. He pleaded not guilty and the matters were set down for trial. During a review of the disclosure, it was apparent there were some definite potential charter issues. The crown was approached to discuss resolution. They agreed to accept a guilty plea for possession of a prohibited weapon and all the remaining charges would be withdrawn. The client received a $2500.00 fine, as well as a five year prohibition on possessing any weapons. The prohibited weapon in question was confiscated. The client avoided jail time and any convictions regarding his driver's abstract.

  • R. v. M.W.2019

    The client was charged with assault and assault with a weapon. She pleaded guilty to assault and the assault with a weapon charge was dropped. I made arguments in relation to sentence, and the court granted the client a conditional discharge versus probation that the crown was seeking. My client was left without a criminal conviction.

  • R. v. J.S.2019

    The client was initially charged with theft under $5000.00 and pointing a firearm. The crown proceeded with filing a new information with additional charges including assault, theft under $5000.00, using an imitation firearm and possessing a weapon. The client pleaded guilty to assault, theft under $5000.00, and possessing a weapon. Originally the crown was seeking a term of incarceration, but after resolution discussions with the crown, they agreed to a term of probation instead. The remaining charge against him was withdrawn.

  • R. v. T.S.2019

    The client was charged with two counts of careless storage of a firearm. This was a serious allegation and a serious breach of my client's rights by police. After reviewing the disclosure, it was clear that the police had no authority to enter my client's home, and no authority to subsequently search his home. I reviewed the file in detail and researched the law. I then met with the crown and they agreed to drop the charge as there was no reasonable likelihood of conviction. My client was left without a criminal record and without a conviction.

  • R. v. T.H.2019

    The client was charged with possession of drugs, trafficking drugs (cocaine), possession of property obtained by crime over $5000.00, and unauthorized possession of a prohibited weapon. The client pleaded not guilty and the matter was set down for a preliminary hearing. After the hearing, the judge decided there was enough evidence to proceed to trial, though only on the trafficking drugs and possession of property charges. The matter was set down for a three-day trial in Queen's Bench. On the day of trial, I secured my client a resolution that would leave him with very little jail time considering the nature of the allegations.

  • R. v. W.W.2019

    The client was charged on multiple files and his offences included two charges of possession of property obtained by crime under $5000.00, two charges of fraud under $5000.00, mischief to property under $5000.00, possessing a weapon for a dangerous purpose, carrying a concealed weapon, and two charges of failing to comply with an undertaking (release/bail). The crown was initially seeking probation for the charges. However, I negotiated a resolution whereby my client was referred for a second time to the Mental Health Diversion program. The client was accepted into the program and upon completion of the requirements, all the charges on all of the files were withdrawn.

  • R. v. A.M.2018

    The client was charged with assault with a weapon and uttering threats. At the first court date, I spoke with the crown regarding how this had been a mutual altercation and it was not in the public interest to prosecute the file. The crown agreed and withdrew the charges against the client. No criminal record or further court appearances were required.

  • R. v. C.K.2018

    The client was charged with assault with a weapon, assault, mischief to property, failing to comply with an undertaking, two counts of failing to comply, and failing to comply with a provision of a protection order. The client pleaded guilty to assault with a weapon, failing to comply with an undertaking and failing to comply with a provision of a protection order. The crown was initially seeking a term of incarceration, however, upon negotiating with the crown, I was able to convince them to agree to a term of probation. This took into account a prior related record.

  • R. v. T.G.2018

    The client was charged with assault with a weapon and common assault. The allegations were serious. Once I had reviewed the disclosure, I approached the crown to discuss resolution of the matter. After discussions with the crown, they agreed to withdraw the charge and allow the client to enter into a one-year peace bond. The client was left without a criminal conviction.

  • R. v. J.K.2018

    The client was charged with criminal negligence causing bodily harm and careless use of a firearm. The allegation was that there was an unlawful discharge of a firearm which caused injuries to the complainant. After lengthy negotiations with the crown, the client entered a plea of guilty to a lesser included offence of careless storage of a firearm. The crown sought a conditional discharge. I asked that the sentencing judge consider an absolute discharge. The court agreed with my arguments for an absolute discharge for the carless storage of a firearm, and the client was thus left without a conviction and without a criminal record. The remaining charges were dropped.

  • R. v. M.H.2018

    The client was charged with possessing a restricted weapon, careless use of a firearm, two counts of improper storage of a firearm and assaulting a peace officer. The client plead guilty to careless use of a firearm, improper storage of a firearm and possessing a restricted weapon. The remaining improper storage charge and the assault charge were withdrawn. The client received a suspended sentence plus probation for 18 months. A weapons prohibition clause was implemented. The client was also required to complete community services hours and pay a victim fine surcharge. This is a matter where the crown sought a term of incarceration to be served within the community. I managed to convince the judge that a suspended sentence and probation would adequately address the purpose and principles of sentencing and a term of incarceration within the community was thus avoided.

  • R. v. C.W.2018

    The client was initially charged with the careless use of a firearm. Upon discussing the matter with the crown, they agreed that the wrong charge had been laid. The crown agreed to amend the charge to the lesser and included offence of the unsafe storage of a firearm. I then asked the crown to consider referring the matter to the alternative measures program after providing them with materials in support of the proposition. The crown agreed, and upon my client's completion of the requirements of the program, the charge was withdrawn/dropped.

  • R. v. T.B.2018

    The client was charged with possessing a weapon for a dangerous purpose and unauthorized possession of a weapon. After meeting with the prosecutor to negotiate the withdrawal of the charges, the crown agreed to do so, and all matters were dropped.

  • R. v. M.H.2018

    The client was charged with failing to comply with release conditions after consuming alcohol in contravention of the order. The order as originally in place relating to firearms offences. Initially the crown was not agreeable to referring the matter to a diversion program. However, with persuasion, I was able to have the matter referred, and upon completion, the charge was dropped, and the matter concluded without my client receiving a criminal record.

  • R. v. D.L.2018

    The client was charged with assault with a weapon. Initially, the prosecutor was not agreeable to resolution of the matter without a guilty plea and a conviction. After several negotiations with the crown, I managed to have the crown agree to withdraw the charge, and the client entered into a peace bond with minimal conditions. The charge was dropped. No conviction was entered.

  • R. v. C.F.2018

    The client was charged with assault, assault with a weapon, forcible confinement, uttering threats, careless use of a firearm, unauthorized possession of a firearm, possessing a firearm contrary to a prohibition order, sexual assault and mischief. Initially the matter was set down for trial after a not guilty plea was entered. At the first trial date, I filed a notice alleging a breach of my client'’s rights. On the basis of that, a new trial date was set. Prior to second trial date, I filed yet another notice that related to breaches of my client's rights due to the lack of disclosure. Two days prior to the start of the second trial date, the crown stayed the charges. The matter was concluded. All of the charges were dropped.

  • R. v. J.C.2018

    The client was charged with assault with a weapon and uttering threats. The matter was set down for trial after a not guilty plea was entered. There would have been serious immigration consequences if he had been found guilty of the assault with a weapon and uttering threats charges. At the trial date, I was able to negotiate a resolution with the crown which allowed for a guilty plea to a lesser included offence of simple assault. The uttering threats charge was withdrawn. The client received probation instead of jail time, which the crown was originally looking for given the client's related record. The client avoided jail and avoided deportation with the resolution I achieved for him.

  • R. v. Y.Z2018

    The client was charged with assault with a weapon. The allegation was very serious and there would have been immigration consequences for the client if a conviction was entered. I was able to have the charge of assault with a weapon dropped (withdrawn) outright. The client was left without a criminal record and without a conviction.

  • R. v. A.N.2018

    The client was charged with assault with a weapon. The crown originally declined to refer the matter to a diversion program. I was able to work with the client to have her gather the necessary information and documentation that I then used to negotiate with the crown for a resolution that would leave the client without a criminal record. I met with the crown, and they agreed that on the basis of the information and documentation that I had gathered in support of my client's case, they would refer the matter to the Alternative Measures Program. Once my client had completed the necessary requirements of the program, my client'’s assault with a weapon charge was dropped.

  • R. v. E.C.2018

    The client was charged with assault, assault with a weapon causing bodily harm, and uttering threats. The allegations were serious, involving an assault with a knife and a significant injury to the complainant. Initially, the crown was initially seeking a jail sentence if the matter proceeded to a guilty plea. I worked with the client over the course of several months and was able to convince the crown to agree to an informal resolution of the matter. At the end of that resolution, the charges were all dropped, and the client was left without a criminal record and without a conviction.

  • R. v. M.H.2018

    The client was charged with multiple offences including robbery, assault with a weapon, assault, theft under $5000, failing to appear for ID and failing to appear. The matter involved a serious allegation as the complainant to the robbery suffered injuries. Despite that, the matter was resolved by way of a guilty plea to a lesser included offence to robbery, being assault with a weapon. All other charges were withdrawn, and the client received time served.

  • R. v. K.K.2018

    The client was charged with three counts of possession for the purpose of trafficking and possession of body armor. The charges were laid after a complex drug investigation. Upon receiving disclosure, I determined that there was likely no basis for the crown to continue with the prosecution against the client. On that basis, I approached the crown to ask them to consider dropping all of the charges. The crown agreed, and all charges were dropped. The matter was concluded successfully so that the client did not have to face potential immigration issues.

  • R. v. N.E.2017

    The client was charged with two counts of failing to comply and one of carrying a concealed weapon. The matter was set for trial. On the day of trial, he plead guilty to carrying a concealed weapon and one of the failure to comply charges. The remaining failure to comply was withdrawn. He received a conditional discharge and 20 hours of community service for a matter where the prospect of a conviction was great.

  • R. v. J.M.2017

    The client was charged with possessing a firearm contrary to a prohibition order and the careless use/storage of a firearm. The crown initially sought a significant jail sentence because the client had been bound by a prohibition order relating to firearms, and this was a matter where the firearm was discharged. Ms. Karpa convinced the crown to agree to refer the client to the mental health diversion program, and upon successful completion of the program, the charges against him were withdrawn.