It is important to note that past results are not necessarily indicative of future results and that outcomes will vary according to the facts in individual cases.
Weapons Offences
R. v. S.F.
Client was found not guilty by Justice Ray for Assault with a Weapon, threatening Death, and Possessing a Weapon for a Purpose Dangerous to the Public.
R. v. D.A.(youth)
The client was charged with Assault x2, Assault with a Weapon, and Possession of a Weapon. ALL charges were withdrawn on the day of trial.
R. v. B.M.
Charge of Weapons Dangerous was withdrawn on the day of trial.
R. v. M.T.
My client was charged with participating in a criminal organization as well as possession of a firearm. He was detained after a bail hearing. I successfully brought an application to have him released n bail in the Superior Court while awaiting the preliminary hearing and trial.
R. v. K.C.
My client was charged with robbery along with his father. he was alleged to have pepper sprayed several individuals and then robbing them. At his judicial pre-trial, I argued the evidence identifying him was so weak, the continued prosecution of him would be a travesty since he had no sureties and was stuck in jail waiting upon an outcome. The Crown withdrew all charges and he walked out a free man.
R. v. K.D.
My client was charged with various firearm related charges in a Guns and Gangs Project case. His preliminary inquiry was held with several other individuals accused of similar crimes including participating in a criminal organization. At the end of the preliminary hearing, my client was discharged of several firearm offences despite the other accused being committed to trial on almost all the charges they initially faced.
R. v. J.D.
My client was facing charges of poession of two loaded firearms as well as assault cause bodily harm. Police alleged upon my client’s arrest that he was the owner of the two firearms found in the apartment and that he had caused ear damage to the complainant. Though scheduled for a 3 day preliminary hearing, the case ended suddenly after the testimony of the main witness for the Crown (the complainant). My client’s charges were stayed and his restrictive bail ended. He is now able to resume his music career. For his latest video click here: http://youtu.be/dg55SBMpV-o
R. v. J.D.
My client was before a Justice of the Peace for a bail hearing accused of possessing two loaded firearms as well as domestic assault. My client was released after a contested bail hearing where the Crown sought his detention. In R. v. H.S., my client was charged with possession of cocaine for the purpose of trafficking. The cocaine was found in a home jointly owned with a family member. Police observed him leaving the home the day of the arrest but not prior. After over 2 years of moving through the justice system, my client was found not guilty after a trial in Superior court.
R. v. W.A. and S.M.
My clients, two youths, were charged with robbery while armed with a firearm. They were accused of being involved in a robbery while in another individual’s vehicle. After a judicial pre-trial, both their charges were withdrawn after the many frailties in the evidence in the case were pointed out.
R. v. C.W.
My client was charged with firearm related offences including possession of a loaded firearm and being in a motor vehicle knowing a firearm was in the vehicle. After spending 7 months in jail awaiting his preliminary hearing, my client stepped out of the prisoner’s box a free man after all charges were dismissed on the second day of the preliminary inquiry.
R. v. J.S-D
My client was charged with possession of a loaded firearm that was found in the trunk of a car he was driving. 2 police officers testified, under oath, that they observed my client walk to the car and place the firearm in the trunk right in front of them. After a Charter application, the trial judge excluded the evidence finding the officers evidence not credible. The trial judge, after intense cross examination, found that the officers testimony was just not believable. The client walked out of the prisoner’s box a free man and continues to have no criminal record. A story about the case can be read by clicking HERE
R. v. S.P-W
My client was charged with possession of a firearm. The firearm was found during a cleanup in a Toronto Community Housing apartment building that had been on fire weeks earlier. a 7 day trial was set with a Charter application challenging the authority of the police to enter her apartment as well as the authority of the clean-up crew to enter. The case also had a plethora of possession issues. The Crown stayed the charges on the first day of trial.
R. v. C.O.
My client was charged with robbery with a firearm, aggravated assault, and wearing a facemask stemming from a violent home invasion robbery in Toronto. 2 masked individuals entered the apartment, tied the resident up and ransacked the apartment looking for cash. The robbery lasted anywhere from 3 to 5 hours. Upon leaving the residence, one individual left behind 2 blood-soaked gloves. Upon DNA analysis, it was determined that the blood on the gloves was the homeowner’s. Along with his blood was one other profile on one glove and 2 profiles on the other glove. One profile matched my client. Upon arrest, my client asked to call his criminal lawyer in Toronto. My client was acquitted based on the fact that the DNA expert called to testify at trial could not determine when my client’s DNA was left on the glove. There were too many possibilities as to how a person’s DNA can be left on clothing and to convict on that evidence alone would be dangerous. After more than 2 years in custody my client walked out of the box and outside the courthouse a free man.
R. v. D.S.
My client, along with a co-accused, was charged with a home invasion robbery in Brampton where an individual was stabbed with a knife.A cell phone stolen during the robbery was traced via GPS satellites to a residential area. One of the residents in the home that was robbed knew someone who lived near the area where the GPS satellite was tracked. Based on very limited information, a warrant was sought by a detective. During the execution of the warrant, my client walked up to the home and was arrested along with an individual inside the home. At trial, a Charte rchallenge was brought with respect to grossly misleading information in the warrant as well as inaccurate conclusions made by the detective. During cross-examination, the detective admitted to several factual inaccuracies and errors that he made while drafting the warrant. Once the trial judge extracted all the errors and inaccuracies, he found that there was not enough information left in the warrant to allow for its execution. My client, and the co-accused were found not guilty of all charges.
R. v. L.S.
My client was charged with possession of a loaded firearm. He was represented at trial by another lawyer and asked that I assist him with his sentencing after he was found guilty by a judge in the Superior Court of Justice. My client was found by the police inside an apartment of another individual during the execution of a search warrant. The judge found that my client had a firearm in his hand while posing for a webcam on a laptop computer. Upon entry by the police, the judge found that he dropped the firearm and went down to the floor. At his sentencing hearing, I along with Dirk Derstine, argued that the mandatory minimum sentence of three years was unconstitutional. The judge agreed, struck down the legislation, and sentenced my client to a further 5 months jail to be served in his home (after giving him 7 months credit for time spent in jail). The judgement, while binding on the Ontario Court of Justice, it is highly persuasive in the Superior Court and throughout Canada.
R. v. J.D.
My client was charged with possession of a loaded firearm and possessing the firearm contrary to a prohibition order. He was alleged to have thrown a firearm while running from the police when they sought to investigate him for a robbery that had occurred nearby. The police officers testified that he ran in a manner consistent with an individual armed with a firearm (though later admitted during cross examination that he might have been holding his pants up). One officer testified he saw my client throw an item into an area and heard the noise of metal on concrete. In cross examination he admitted to only seeing an outstretched arm and did not see anything in the air. The noise he heard might have been the sound of another officer’s baton hitting the ground. The trial judge found that it was improbable that an officer would not see the firearm in the air if it was thrown. She found that while my client probably threw the item, she had a reasonable doubt and therefore acquitted him of all charges.
