Toronto Criminal Lawyer

Prohibited Weapons and Firearms

saq — Wed, 19 Jan 2011 18:06:49 +0000

R. v. L.L. (Ontario Court of Justice, Toronto Region, North York) Mr. L was charged with Possession of Prohibited Weapon, Possession of Weapons Dangerous. Allegations included a 911 call made and a number of witness reporting use of weapon in an apartment building. All charges against the client were stayed.

Fraud-Theft-Breach of Trust

saq — Wed, 19 Jan 2011 18:05:26 +0000

R. v. K.H. (Ontario Court of Justice, Newmarket) Mr. H. was charged with Utter Forged Document, Fraud over $5000. Allegations were that the client attended bank in pre-arranged scheme to cash fraudeulent cheques. Result: Acquitted on all charges.

R. v. A.S. (Ontario Court of Justice, Brampton) Ms. S. was charged with Fraud Over $5000. Allegations included stealing from employer over a course of a number of months on separate occasion. Upon payment of restitution and numerous good faith measures on the part of the client including taking counselling and community service a joint position between the Crown and Defence for a suspended sentence.

Bail Hearings

saq — Wed, 19 Jan 2011 18:02:47 +0000

R. v. J.R. et al. (Ontario Court of Justice, Toronto Region, Scarborough) Multiple Co-Accuseds charged with Armed Robbery. The onus was on the Crown Attorney to show cause why each of the defendants should be detained in custody. After having heard from the sureties and counsel’s submissions the Court found that there were no primary nor secondary ground concerns and a reasonable bail could be fashioned to release each defendant from custody.

R. v. M. A. (Superior Court of Justice, Newmarket) A bail hearing was conducted by previous criminal counsel and client had been detained. A Bail Review hearing was conducted with numerous witnesses and sureties appearing to address primary, secondary and tertiary ground concerns together with a reasonable plan of supervision. This resulted in client being released out of custody.

Sexual Assualt

azam — Thu, 13 Jan 2011 06:49:49 +0000

R. v. K.R. (Ontario Court of Justice, Toronto – Scarborough Court) Mr. R. was charged with multiple counts including sexual assault , making child pornography and possession of child pornography related charges. After extensive negotiations charges of sexual assault and other charges were withdrawn by the Crown. The Court acceded to joint recommendation of sentence on five counts by the Crown and Defence

R. v. D.M.(Ontario Court of Justice, Central East Region – Newmarket) Mr. D.M was charged with sexual assault on his girlfriend. After numerous days of motions (s.276. Application) and after Trial he was acquitted of his charges

azam — Wed, 12 Jan 2011 08:20:35 +0000

No written law has been more binding than unwritten custom supported by popular opinion – Carrie Chapman Catt

Assaults/Aggravated Assaults & Death Threats

azam — Mon, 10 Jan 2011 20:08:22 +0000

R. v. J.M. (Superior Court of Justice, Summary Convictions Appeal Court, Brampton): The appellant appeals against convictions for assault (x2), assault with a weapon, uttering death threats (x2), and breach of recognizance. At trial, three witnesses were called by the prosecution (the complainant and two investigating officers) and three witnesses by the defence including the appellant. The transcript of the testimony at trial comprises 214 pages and would, on straight or uninterrupted scheduling, have taken at most two (2) days of court time. In this case, where essential credibility findings were to be made by the trier of fact, the evidence was heard on three days over a five-month period (June 17, July 12 and November 12, 2004). The trial court’s reasons for judgment, reporting credibility findings based in part on courtroom demeanour, were released on May 16, 2005, a half a year after the last witness testified. The trial, of eleven months’ duration, was unsatisfactory on a number of bases.

Conclusion: The appeal is allowed and a new trial is ordered on all counts before a differently constituted summary conviction trial court

R. v. A. J. (Ontario Court of Justice, Toronto – Scarborough Court) Ms. A.J. was charged with Aggravated Assault causing bodily harm. All Charges were withdrawn after her entering into a 12 month peace bond.

Impaired Driving / Over 80

azam — Mon, 10 Jan 2011 20:08:10 +0000

R v. V.A. (Ontario Court of Justice, Toronto Region, Metro North Court) Mr A. was charged with having care or control of a motor vehicle whilstl his blood alcohol concentration was over the legal limit, and while he was impaired by alcohol. There is no issue that he was very drunk; he admitted that he had 12-14 beers that night, and his readings at the police station were well over twice the legal limit. The only issue to be decided was whether the Crown could prove that he was in care or control of the motor vehicle. After trial, Mr. V.A. was found not guilty.