R.v. Piamonte, show cause hearing, September 21st 2004 (O.C.J)
Client was charged with over 40 charges including kidnapping, extortion, possession for the purpose and numerous breaches of undertaking.
The client had a substantial depression and addiction problem and was released to a treatment facility and was referred to a psychiatrist.
R.v Rath (unreported) September 16th 2006 (O.C.J) in Ottawa
A trial was held on breach of undertaking relating to a curfew. The defence was able to show that the arrest was premature as Mr. Rath would still have been able to make it home. Mr. Justice Fraser aquitted Mr. Rath
R.v To, (Unreported) Sentenced September 16th 2005
Upon a succesful parole application following her sentence of 4 months, Ms. To was released after serving 1/4 of her sentence.
R.v Dicincio, (unreported) November 4th 2005, (OCJ), Ottawa
Mr. Dicincio was charged with impaired driving and over '80. Following a sucessful rights to counsel charter application by the defence, Mr. Dicincio was aquitted of all charges.
R.v Sharifi (unreported) December 13th 2005, HTA
Mr. Sharifi was released on bail pending appeal of his highway traffic act offences.
R.v Van Ness, (Unreported) February 3rd 2006, (O.C.J)
Mr. Van Ness was charged with spousal abuse. Charges were withdrawn and entered into a peace bond as a result of his progress with and treatment by a local psychologist.
R.v Cross (unreported), February 8th 2006 (O.C.J) Ottawa
Ms. Cross was charged with failure to provide a breath sample. The charges were withdrawn midway during trial, after the defence led evidence that Ms. Cross's failure to blow into the roadside device was caused by an allergic reaction that Ms. Cross was experiencing at the time.
R.v Mai (unreported) Brockville Superior Court, February 20th 2006
Mr. Mai was charged with production. The charges were stayed at the request of the Crown as a consequence of the Crown failing to disclose the contents of a search of Mr. Mai's vehicle.
R.v Riopelle [2005] O.J. No. 4872 (Ont. S.C.J)
The Appellate Court found that the trial judge, having found Mr. Riopelle credible in an over '80 case should have resulted in an aquittal. The matter was sent back to trial, but the Crown elected not to re-try Mr. Riopelle, and thus the charges were withdrawn.
R.v Chu (Unreported), Reasons for Sentence, delivered January 9th 2006 by Madame Justice Alder (O.C.J) in Ottawa
Mr. Chu plead guilty to production of marijuana.The usual range of sentence was from four to twelve months of incarceration. Madame Justice Alder cited the fact that Mr. Chu had done some community work with the Shepherds of Good Hope, allowing him to see the ravages of drug abuse with approval.
Mr. Chu was sentenced to 90 days in jail to be served intermittently.
R.v. Dinh and Dinh, (Unreported), ruling on the Charter Motion delivered by Madame Justice Alder, June 2nd 2005 in Ottawa
Search warrant quashed following a search of a suspected grow operation. Madame Justice Alder found that there was a lack of grounds to have a search warrant issued.
R.v Son Thi Le (unreported) Reasons for Sentencing, delivered by Justice Morin, March 2nd 2006 in Ottawa
Ms. Le was found guilty of producing marijuana and possession for the purpose. Ms. Le has resided at the residence which was ruled to be a grow operation but had claimed no knowlege of the grow operation.
Citing the fact that Ms. Le suffered from a poor education, and a broken and abusive marriage, Justice Morin was impressed with her relationship with her two children, and saw "no good purpose to put her behind bars."
Ms. Le was sentenced to a one year conditional sentence.
R.v Wright, unreported, September 6th 2006 (Superior Court of Justice) North Bay
Client charged with discharging a firearm and other weapons charges relating to a shooting at a nightclub. He was denied bail on these charges. Mr. Wright was aquitted of all charges as the defence argued that identification was not made out by the Crown.
R.v Reid, (Unreported), January 27th 2006 (O.C.J)
Mr. Reid was charged with domestic assault. Following a program that the defence arranged whereby Mr. Reid did volunteer work including speaking about the dangers of drinking to a group of school children, Mr. Reid entered into a peace bond and the charges against him were withdrawn.
R.v Chien Hung Chen, (unreported), January 9th 2006, Brockville Superior Court
Ms. Chen was charged in a production case. The charges were stayed during the cross examination of the search warrant due to deficiencies in the warrant process.
R. v. J. , January 27, 2005, (O.C.J.), Waugh,J. (Pembroke)
Client acquitted of sexual assault charges due in large part to poor credibility of complainant and her mother: vehicle in which offences said to have occurred was shown by the Defence to have structural modifications that made complainant's version impossible.
R. v. McCrea , November 3rd 2004, (O.C.J.) Ottawa
Mr.McCrea had been charged with an assault against his wife. While Mr. McCrea did not deny hitting his wife with a rum bottle, however he maintained that the contact was accidental.
The defence was successful in convincing Mr. Justice Fontana that Ms. McCrea's evidence taken at its highest did not preclude the defence of accident.
R.v.J, March 26th, 2004 (O.C.J.) Perth Ontario
Justice March aquitted D.J of charges of sexual assault, invitation to sexual touching, death threats and pointing of a firearm.
The closing submissions used a powerpoint presentation in which the contradictions of the evidence of the complainants was clearly shown.
DJ was sentenced to an 12 month period of probation as a result of an assault against his ex wife that he himself admitted to while on the stand.
R.v. Kinsman, May 3rd 2004, Ontario Court of Justice, Ottawa
On May 3rd 2004, Justice White of the Ontario Court of Justice, aquitted Mr. Kinsman of an 'over 80 charge and impaired driving. Critical to the defence was the use of new technology which incorporated a video of the scene showing the pavement narrowings and signage.
Also new was the toxicologist report where Mr. Kinsman's actual rate of elimination was calculated.
R.v.Lair Unreported, March 9th 2004, (S.C.J.) Ottawa
Justice Polowin, sentenced Mr. Lair to a lengthy conditional sentence (two years less a day), for his participation in a home invasion.
At issue throughout the sentencing was the principle of parity and how it applies when the principal/leader pleads guilty and testifies at the hearing of the lesser party/follower.
Justice Polowin ruled that in the circumstances of this case, to sentence the lesser party to a harsher sentence than the leader (who also received a conditional sentence) would be to penalize the follower for asserting his constitutional right to make full answer and defence.
Justice Polowin also took into consideration the defence submission on responsible litigation; that being, that as the defence did not require complainant to testify at trial in order to make out the particular defence, a transcript of the complainant's preliminary inquiry testimony could be used.
This strategy was deemed by Justice Polwin to have a mitigating impact on the quantum of sentence.
R.v. Tong Unreported, March 17th 2004, (O.C.J.) Ottawa
Mr. Justice Frasier sentenced Mr. Tong to six months incarceration his participation in the production of marijuana.
The Court found Mr. Tong to be a "gardener" or "Crop sitter" of the 502 plant operation. Mr. Justice Frasier stated in obiter that were it not for Mr. Tong's desire for a period of incarceration to speed up his deportation process he would have considered a conditional sentence.
R.v. Ilunga Unreported , March 11th 2004, (S.C.J.)
Justice Ratushny of the Superior Court of justice cleared Ms. Ilunga of all charges of assault against her cousins that she was looking after.
Justice Ratushny cited inconsistencies in the evidence against Ms. Ilunga and the fact that Crown Counsel did not call the children as witnesses, thus making it impossible for her to assess their credibility as seminal in her decision.
R.v. Pham, Unreported, October 30th, 2003 (O.C.J.), (Ottawa)
Mr. Justice Belanger stayed proceedings against the accused who was charged with production of marijuana (Police seized 475 plants). There was a sixteen and three quarter month delay from the date of arrest to the trial date.
R.v.Abed, Unreported, October 9th, 2003 (S.C.J.), (Ottawa)
Justice Chadwick granted bail to the accused who was charged with first degree murder and conspiracy to commit murder.
R.v. Walker, Unreported, October 24th, 2003 (O.C.J.), (Ottawa)
Justice Beaman acquitted the accused of knowingly opening mail contrary to section 48 of the Canada Post Act. The defence argued that the accused suffered from obsessive compulsive disorder and that his actions while seemingly suspicious were consistent with his illness.
R.v. Smith, Unreported, October 20th, 2003 (O.C.J.), (Pembroke)
Justice of Peace McKechnie granted bail to the accused who was charged with home invasion and possessed a long record. Release initially to be spent at a treatment centre for substance abuse.
R V. Howey, Unreported, March 7, 2003 (O.C.J.) (Kingston)
Conditional sentence granted by Mr. Justice Masse in case where accused attempted to enter neighbour’s (where wife and children hiding) with loaded rifle. Exceptional steps taken by accused to deal with alcohol problem.
R V. HA, Unreported, February 1, 2003 (O.C.J.) (Ottawa)
Bail granted by JP Stewart (Ottawa) in case where accused charged with 22 million dollar Ecstacy production lab.
R V. Gray, Unreported, January 27, 2003 (O.C.J.) (Ottawa)
Mr. Justice Wright handed down a conditional sentence for armed robbery. Exceptional steps taken by accused to deal with drug problem.
R V. Barbe, Unreported, January 9, 2003 (O.C.J.) (Pembroke)
Mr. Justice Radley-Walters excludes evidence where accused person (not mentioned in search warrant) attends at residence where search is being conducted.
Mr Radley-Walters excluded drugs found on Mr. Barbe. Mr. Barbe had attended a residence while police were executing a search warrant. The police chased Mr. Barbe and arrested him. The Court found the police lacked reasonable and probable grounds to effect the arrest of Mr. Barbe. Mr. Barbe was acquitted.
R V. T.K. (2003) O.J. No. 260 (O.C.J.) (North Bay)
Woman who attempted to hire contract killer to kill husband sentenced to two years less a day (1 year pre-trial Custody)
