| 1.
R. v. Willie, Court File #02-050: Appeal from
conviction of sexual assault. At issue was whether the client,
who had represented himself at trial, received a fair trial. |
| RESULT: |
Appeal
granted. My client was deemed not to have received
a fair trial. A new trial was ordered, but the charges
were withdrawn by the crown prior to its commencement. |
| 2.
R. v. Moon, Court File #4056/04: Accused person
convicted of assault causing bodily harm and breach of probation.
Sentenced to six months incarceration on each charge, concurrent. |
| RESULT: |
Both convictions quashed. Appellate judge found
that the trial judge had misapprehended the evidence, leading
to unsupportable determinations of credibility. New
trial ordered. |
| 1.
R. v. (B.) M., Court File #3101/03; Young
person charged with obstructing justice and uttering threats.
Case for the prosecution rested entirely upon an incriminating
letter written in, and mailed from, a young offender unit of
the regional jail. |
| RESULT: |
A
successful Charter application by the defence resulted in the
letter being excluded from evidence. Client acquitted
on both charges. |
| 2.
R. v. Dibble, Court File #998 04 00498-00:
Client, an inmate at maximum security institution charged with
possession of a weapon for a purpose dangerous to the public
peace. Allegation was that he lunged with a homemade knife at
correctional officers. |
| RESULT: |
At
the conclusion of trial, the judge found that the inmate possessed
the weapon for self-protection purposes. Client acquitted. |
| 3.
R. v. Caird, Court File #04-1568: Client charged
with two breaches of conditional sentence for being outside
house arrest residence and consorting with an unauthorized party
outside house arrest residence. |
| RESULT: |
At
the conclusion of trial, the judge found that on a strict reading
of the statute, and given the vagueness of the wording of the
conditional sentence order, a lawful excuse was apparent. Client
acquitted on both charges. |
| 4.
R. v. Carambetsos, Court File# 01-037: Client
charged with manslaughter. I was co-counsel to David Gibson
for pre-trial motions relating to ss. 7, 8, 9, 10(a) and 10(b)
charter violations. |
| RESULT: |
The
trial judge granted a stay of proceedings, stating that: "The
accused cannot get a fair trial because the police did not perform
their function. Their function was to investigate impartially.
What they did was to use the power of the state to gather evidence
to support their conclusion that Justin Carambetsos was guilty.
Not only did they do that, they used the power of the state
to suppress evidence which supported the accused’s innocence.
This conduct is unacceptable. For me to permit this trial to
proceed would be to support and condone what the police have
done. It would be to abdicate the role of the court. The
charge is stayed." |
Click
here to view web judgment of R. v. Carambetsos on CanLII
| 5.
R. v. Daciuk, Court File #023787: Client charged
with assault with a weapon and assaulting a police officer engaged
in duty. The allegations were that when the police entered an
apartment in response to a 911 call, my client attempted to
assault them with an penknife. |
| RESULT: |
The
trial judge found that at the time the officers entered my client's
apartment, they were no longer doing so in response to a 911
call. As such they were not in lawful execution of their duty,
and had exceeded their powers upon entering the residence. As
far as the assault with a weapon charge, the trial judge found
that my client, clearly upset at having his apartment entered
unlawfully at night, by police, while he was intimate with his
girlfriend, had created an unruly situation. However, the officers
had misread it. The judge had a reasonable doubt about my client's
intentions. Acquittals on both counts. |
| 6.
R. v. Marshall, Court File #0904/04:
Client faced four counts of sexual interference. |
| RESULT: |
Two
of the four charges were thrown out at the preliminary hearing
by the preliminary hearing judge. Client went to trial on the
two remaining charges and was acquitted on both counts. |
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