Recent cases Violent Crime defence trial

Recent cases Violent Crime defence trial2017-06-09T20:48:25+00:00

Recent cases Violent Crime defence trial

*R. v. A. F. (Vancouver Registry) April 2017

– All charges dropped against client and co-accused including aggravated assault, assault with a weapon and assault causing bodily harm. Crown counsel may have eventually decided their case was not likely to succeed at trial and so before we started 5 weeks of trial they stayed all charges against both accused.

*R. v. W.P. (Sechelt Registry) May 2017

– All charges dropped including criminal harassment and an alleged breach of bail conditions. As the matter got closer to trial the complainant and family decided they did not wish to proceed with the prosecution any longer. Crown chose not to compel them to attend trial and stayed the charges.

*R. v. A.K. (Surrey Registry) April 2017

– Charge of violent spousal assault stayed by Crown on trial date. The complainant did not attend for the trial and was not under a subpoena compelling her attendance so the crown counsel really had no choice but to end the prosecution of the accused.

*R. v. B.N. (New Westminster Supreme Court) April 2017

– Client charged criminally with “leaving the scene of an accident to avoid civil or criminal consequences” with a mandatory jail sentence attached if convicted. Client alleged to have hit a pedestrian causing near fatal injuries at the time and now a lifetime of incapacitation. Shortly before the matter was to proceed to a lengthy Supreme Court trial, the crown and the accused through counsel, agreed to a fair resolution resulting in a guilty plea to a non-criminal a Motor Vehicle Act offence. The client was particularly pleased because of the positive position this result put him in regarding an impending civil case and ICBC considerations. A criminal conviction as he was originally charged would have been devastating financially and come with significant jail time.

*R. v. M.R. (Surrey Registry) January 2017

– Client was arrested and charged with sexual assault. Charge forwarded by police to crown counsel. Crown likely not convinced of a reasonable likelihood of conviction. Charge not approved for court.

*R. v. H.R. (Surrey Registry) February 2017

– Client charged with theft over $5000 after much back and forth with the investigating officer he declined to forward any charges against the client. He was probably satisfied it was really a civil matter not a criminal one.

*R. v. T.B. (Nelson Supreme Court) 2016

– Client charged with a dated sexual assault. After a preliminary inquiry in Provincial Court in Nelson and a later Supreme Court trial also in Nelson the client was ultimately found not guilty.

Drug Charges Recent Cases

Accused charged with Dial-A-Dope operation

Langley RCMP performed surveillance on 8 accused over an extended period of time. Accused was identified on video surveillance selling to undercover officers.

CASE FACTS

Following a preliminary inquiry, client’s charges were stayed after crown was convinced there was insufficient evidence to proceed against client at trial.

RESULT

All Charges stayed for Tom Doust’s client only.

Accused charged with unlawfully producing a controlled substance (marijuana) and possession for the purpose of trafficking

Langley RCMP responded to a report by a potential property buyer that the accused and three other males were in a barn on a vacant property that was for sale. RCMP attended and witnessed males running off the property. Langley RCMP noticed a strong odour of growing marijuana coming from the barn. It was estimated at trial to be approximately 2000 pounds of marijuana.

CASE FACTS

Crown decided shortly before the trial not to proceed after counsel convinced them they weren’t likely to succeed at trial.

RESULT

All charges stayed.