Summary. A sexual assault charge under section 271 of the Criminal Code against X.C.Y., a practitioner of traditional Chinese massage, was withdrawn by the Crown partway through the complainant’s evidence at trial in the Ontario Court of Justice. Two failures in the Crown’s case drove the withdrawal: the complainant could not identify who had been in the treatment room, and […]
R v X. C. Y. – Sexual Assault Charge Withdrawn Mid-Trial: A Toronto Criminal Defence Case Study
R v S.G.Y — 12 Charges, Zero Convictions: Assault & Firearms Charges Withdrawn
CASE RESULT R v S.G.Y – Twelve Charges. Zero Convictions. Domestic assault and firearms charges — withdrawn in full What Our Client Was Facing A young man in Toronto was arrested after an argument with his partner. By the end of the night, police had searched his condominium, seized his lawfully licensed firearms, and laid twelve criminal charges: Assault — […]
R v HY – Three Sexual Assault Charges Resolved to a Single Assault Count — Conditional Discharge
CASE RESULT Charges Three counts of sexual assault, s. 271 of the Criminal Code Court Ontario Court of Justice, Toronto Result Guilty plea to one count of assault, s. 266 — conditional discharge The situation Our client was a 22-year-old international student. Within days of the start of her first semester, following a night involving alcohol, the client was charged […]
R v LYC – All Firearm Charges Stayed
The Background LYC was charged with possession of a loaded prohibited firearm (s. 95(2)), carrying a concealed weapon (s. 90(2)), and careless carriage of ammunition (s. 86(3)) — all stayed. No conviction. No criminal record. Mr. LYC was eating late-night Korean BBQ with acquaintances when police arrived on a report that someone at his table had threatened a man with […]
R v DR – Illegal police arrest led to withdrawal of all charges
DR was a contractor who would buy tools from other people on Facebook Marketplace. On the date of the arrest, he attended a parking lot at nighttime for the purpose of buying tools from someone he met online. While in the parking lot, an officer showed up with an unmarked police car. For unknown reasons, the officer decided to block […]
R v H.J. – Firearm charge was withdrawn due to illegal police search
H.J. was assaulted by his ex-girlfriend. H.J. called police who then came and arrested the ex-girlfriend in the lobby of his condo. After making the arrest, the police questioned H.J. whether he had any firearms registered under his firearm licence. After H.J. answered yes, the police asked H.J. to show him the firearm inside his condo unit. H.J. led the […]
R v JW — Assault Charge Dismissed on Grounds of Self-Defence
JW was in a short relationship with the complainant before they broke up. After a few months, the two decided to rekindle their relationship, and JW invited the complainant to his apartment. Once there, the two started drinking. Unbeknownst to JW, the complainant had a drinking problem. After several shots of tequila, the complainant acted aggressively toward JW in a […]
Impaired Driving Charges Withdrawn — No Evidence of Impairment
Mr. D.K. was driving in the middle of the night by himself and was heading home. A police Duty Inspector followed Mr. D.K. for about 18 kilometres before pulling Mr. D.K. over. The Duty Inspector then arrested Mr. D.K. for impaired driving with the assistance of two tactical officers. Jake made request to the Crown and asked for all disclosure. […]
Fraud Charge Dropped After Officer Violates Charter Rights
D.J. was recruited to purchase gift cards using stolen credit cards at various retail outlets. As D.J. was leaving a store, the store security noticed suspicious transactions and alerted the police. One police officer quickly attended and detained D.J. Instead of providing D.J. his rights to counsel, the officer started questioning D.J. in a highly incriminating manner. The officer then […]
Fraud Charge Withdrawn After Lawyer Proves Client Was Unwitting Middleman in Online Scam
YC was charged with fraud. What happened was that the real fraudster enticed YC into conducting currency exchange with them. At the same time, the fraudster presented themselves as an online retailer that had a variety of products for sale. The victim in this matter was interested in purchasing a product from the online fake retailer. The fake retailer/fraudster then […]