JHG
SUCCESS
STORIES
FIREARM POSSESSION
R. v. A.M. | 2024 | Toronto
Client came to me with three interconnected cases. The police had been investigating his Instagram account and executed a search warrant on a residence he had ties to looking to seize his devices (phone, computer, tablets, etc.). In addition to locating electronics, they also found a gun inside a satchel, inside a closet, in the bedroom the client had been sleeping in. After beating both cases related to his Instagram account (one the crown withdrew and the other we won at trial), we successfully defended the gun charges when the Crown failed to establish he had knowledge of the firearm. After three long years on restrictive bail conditions, he finally cut off the ankle monitor and remains without a criminal record.
Second-Degree Murder
R. v. A.B. | 2024 | TORONTO
My youngest client ever, at 13 years old, AB was charged along with 7 other girls in the swarming death of a homeless man named Kenneth Lee, who was beaten and stabbed during an altercation that was caught on CCTV footage and witnessed by several bystanders. I successfully argued for bail at the outset of the case and then negotiated a plea to manslaughter after the preliminary hearing. During the litigation, we learned that my client had been subjected to 6 illegal strip searches by the detention centres she was housed at. At the sentencing hearing, I argued that she should receive 3:1 credit for the time spent in closed custody (where the illegal searches occurred) plus her time in open custody totaling 15 months and that this was enough time in custody given her lack of criminal record, intoxication at the time of the offence, and the counseling she was doing to address underlying issues. The judge agreed and no further custody was ordered. He also agreed that an additional 21 months of probation, allowing her to continue the counselling programs she needed, would meet the ends of justice in this case.
Loaded Firearm
R. v. R.C. | 2024 | OSHAWA
Client was charged with a loaded firearm found in the back seat of his vehicle after being pulled over by police for being a black man driving a Mercedes in Oshawa. Despite the judge finding that the search of the vehicle was illegal, she would not exclude the firearm from the trial. During the Charter Application however, the jail repeatedly failed to bring my client to court, delaying the matter by 3 months. I argued that the delays violated the client’s constitutional right to a trial in a reasonable amount of time and that the charges should be stayed. This argument was successful and as a result all charges were stayed.
Assault with a Weapon, Noxious Substance, Mischief
R. v. J.M.W | 2024 | COBOURG
Assault with a weapon x2, Possess weapon x2, Administer noxious substance x2, and Mischief over $5000 x2
After a short but contentious trial with two lying complainants, my client was acquitted of all charges. From the day he hired me, he was adamant that the alleged victims were lying about the altercation and after 3 days of cross examinations it was clear to everyone in the courtroom that their stories were not to be believed.
P4P Fentanyl, Cocaine, Meth, Proceeds of Crime
R. v. J.P. | 2024 | TORONTO
Sometimes the win is in keeping a client out of jail when you know they will not survive jail. Here the client was charged with the types and quantities of drugs that would have made a penitentiary sentence necessary had he lost after trial (likely 5-7 years given the amount of fentanyl alone). After filing a Charter Application to challenge the warrant and following extensive negotiations with the Crown, he agreed to withdraw the fentanyl count and the client pled guilty to possessing cocaine and meth for the purpose of trafficking. He was then sentenced to 2 years less a day to serve on house arrest with exceptions for employment, and education for the first year and a curfew for the second year.
First-Degree Murder
R. v. J.J. | 2024 | NEWMARKET
18 year old client charged with first degree murder as the driver involved in the planned execution of a drug dealer who was shot, stabbed, and beaten at his Richmond Hill home. We secured bail four months after his arrest and throughout the 3 years of litigation he was able to complete high school. Unfortunately his phone records, surveillance videos, and statement to the police made an acquittal impossible but the crown eventually agreed that a life sentence was in no one’s interest and we resolved the case with a plea to manslaughter and a 5.5 year sentence.
Kidnapping, Robbery, Firearms, Assault
Kidnapping, Robbery with a firearm, Possession of a firearm, Forcible confinement, Assault cause bodily harm.
R. v. K.W. | 2024 | BRANTFORD
The client came to me after representing himself for almost a year and getting nowhere with the crown. He knew his rights had been violated when the police arrested him sleeping in his car but he could not articulate how. It took us 6 months to receive the police body cams which showed that the cops had him under investigation for nearly 40 minutes without giving him his Rights to Counsel and during that time they forced him to create the basis for his own arrest by having him turn on the vehicle to show he had control of it while visibly impaired. After taking the Crown through the series of charter breaches he realized there was no public interest in proceeding and withdrew the charges immediately.
Transport & Distribution of Unlicensed Tobacco
R. v. K.B. | 2024 | CAYUGA
Client charged with purchasing, possessing, distributing, and transporting almost 62 million grams of fine cut tobacco. Upon conviction, he was facing mandatory fine of $34 million dollars. At the end of the first day of trial, after cross examining the officer in charge and landlord of the alleged storage facility, client was acquitted of all charges.
P4P Fentanyl, Proceeds, and Possess Firearm
R. v. J.T. | 2024 | Hamilton
Sadly I was not able to cross examine the lead officer on this very illegal arrest and subsequent search of a vehicle wherein police located a loaded handgun and 3 ounces of fentanyl. After filing our charter application challenging the officer’s actions, both the federal crown and provincial crown withdrew all charges.
Impaired Driving
Impaired operation & refuse to provide breath sample.
R. v. I.C. | 2024 | BRAMPTON
The client came to me after representing himself for almost a year and getting nowhere with the crown. He knew his rights had been violated when the police arrested him sleeping in his car but he could not articulate how. It took us 6 months to receive the police body cams which showed that the cops had him under investigation for nearly 40 minutes without giving him his Rights to Counsel and during that time they forced him to create the basis for his own arrest by having him turn on the vehicle to show he had control of it while visibly impaired. After taking the Crown through the series of charter breaches he realized there was no public interest in proceeding and withdrew the charges immediately.
Cocaine
Possession for the purpose of trafficking cocaine & Proceeds of crime.
R. v. A.M. | 2024 | BRAMPTON
The client came to me after he set trial dates with another lawyer who he had no confidence in. The lawyer had encouraged him to plead to a two year sentence, which he refused to do. The client fired that lawyer, hired us, and we immediately requested the disclosure, assuming it would be sent quickly having already been disclosed to previous counsel. My office was shocked to learn that some of the most significant items of disclosure had never been provided, including drug logs, property reports, surveillance notes and videos, police notes from the search, and photos from the search. The Crown could not even say where in the house the cocaine had been located! After pressing the Crown for 4 months to receive the missing items, they decided to withdraw the charges without ever setting new trial dates.
Fentanyl, Cocaine, Meth and Weapons Possession
Possession for the purpose of trafficking fentanyl, cocaine, and meth, Possess weapon x3, Proceeds of crime.
R. v. J.P. | 2024 | Toronto
The client was the target of a search warrant in which there were four separate confidential informants but almost no investigation conducted by the police to corroborate their sources. When the warrant was executed, the police found almost an ounce each of fentanyl, cocaine, and meth both on him and in his room, in addition to finding an air pistol, knife, and a baton. We set a six-day trial and filed a Charter Application challenging both the warrant and the police failure to call his lawyer immediately upon arrest. It was all we had, given the fact that the drugs and weapons were found on him and in the room his family (who were home at the time) identified as his. After reading our Application, however, the Crown recognized we both had risks at trial and offered to resolve with a plea to the cocaine and meth for a conditional sentence of two years; withdrawing the fentanyl count (which would have attracted a 4-5 year sentence on its own) and all of the weapons charges and the client will never see the inside of a cell.
Second-Degree Murder & Attempted Murder
R. v. D.W. | 2023 | CHATTAM
Client was charged after he arranged an armed drug rip-off that went very wrong when his accomplice shot at the drug dealer and fatally hit an innocent bystander. His videotaped confession made a substantive defence impossible but I was able to negotiate a sentence of 5 years on a single count of manslaughter. After enhanced credit for time served during Covid, my client was able to avoid the pen and remain in a facility close to his family. The greatest success however had nothing to do with me and everything to do with the victim’s family, who after court accepted my client’s sincere apology and granted him forgiveness.
Intimidation, Obstruct Justice
Intimidation of a justice system participant, Obstruct justice, and Breaching a publication ban.
R. v. A.M. | 2023 | Toronto
Client is the successful owner of an influential Instagram page aimed at providing news and entertainment content to the Toronto hip hop community. In keeping up with relevant news, he received and then posted audio and visuals from a court proceeding that had been held by zoom. Covering the witness’ face with a cartoon picture of a rat was probably not the best decision since he was charged with a variety of criminal offences for obstructing justice and intimidating a witness. On the 5th day of trial however, he was acquitted of all charges and remains free of any criminal record.
Dangerous Driving Cause Death
Fail to remain cause death and Dangerous driving cause death.
R. v. H.A. | 2023 | Hamilton
My client was only 15 years old and charged with the fatal hit and run of another 15-year-old boy at his school. After many months of negotiations, the Crown withdrew the dangerous driving charge and the client pled guilty to failing to remain, after which he was sentenced to two years’ probation and a 5 year driving prohibition.
Fentanyl, Cocaine, Heroin, Percs, and Firearms
Possession for the purpose of trafficking fentanyl, cocaine, heroin, and percs; Possession of a loaded restricted firearm, Possession of a prohibited device (switches) x5, Proceeds of crime.
R. v. F.A. | 2023 | Toronto
This trial was set for 15 days over a one year period, with a series of Charter challenges to 18 different search warrants and a police investigation spanning 3 cities. Two hours into what was scheduled for two days of cross examining the Affiant, the Crown recognized the serious deficiencies with the warrant and the less-than-honest officer who prepared it. After he admitted to submitting an affidavit he had sworn to be true but knew to be false, the Crown withdrew all charges.
Aggravated Assault
R. v. K.C. | 2023 | Toronto
The client was a bouncer at a nightclub who was being accosted by a patron of the club who she allegedly hit over the head with her flashlight. The case had been before the courts for two years as she tried to defend herself while serving an unrelated pen sentence. With this case threatening her chances of parole, she hired me to set a “quick trial”. Instead, I had the charge completely withdrawn in exchange for her entering into a peace bond.
Fentanyl, Heroin, Meth, Cocaine
Possession for the purpose of trafficking fentanyl, heroin, meth, and cocaine, proceeds of crime.
R. v. P.A. | 2022 | SARNIA
“That the defendant was a drug dealer, on this evidentiary record, cannot rationally be disputed. But, even drug dealers are afforded Charter protection, and if Mr. A was arbitrarily detained and, then, unlawfully searched the evidence acquired through such constitutional breaches may be excluded from consideration at his trial resulting in his acquittal. For the following reasons, this is such a case.” Those were a part of the Judges reasons in excluding all of the drugs and paraphernalia found in the vehicle (which included a microwave, magic bullet, vats of cut, gloves, and a gas mask) and acquitting the client of all charges. Unfortunately the crown is appealing so the battle continues but for now, the Judges decision stands. In full below:
First-Degree Murder
R. v. N.C. | 2022 | HAMILTON
Our client was 15 years old when he was charged with first degree murder in relation to the death of a 17 year old boy. Client, the victim, and two friends were out joy riding when a gun in the hands of our client discharged, striking the victim in the head. The Crown theory was that the client and two of his friends were trying to rob the victim of his parent’s vehicle and shot him in the process. At the end of the preliminary hearing, the client was discharged of first degree murder and committed to stand trial on second degree murder. After the Crown tried but failed to have me disqualified as counsel for a conflict of interest (judgment linked below), we proceeded to two weeks of pretrial motions with a six week trial about to commence when the Crown finally accepted our offer of a plea to manslaughter, which I had put on the table two years earlier. The client of course accepted and was immediately released from custody on bail following his plea. His sentence, 5 days later, was one of 3 years with time already served. Sadly, and as a perfect example of how broken our justice system is, he actually spent an extra year in custody and the Court lost 6 full weeks of court time because the case resolved on the first day set for trial.
First-Degree Murder
R. v. A.A. | 2022 | BRAMPTON
Client was charged with two of his friends in relation to a drive by shooting in Brampton on New Years Eve 2020 that resulted in the death of an 18-year-old boy. I had the charge lowered to second-degree murder at the preliminary hearing and after spending exactly 2 years and 5 months in custody, he and his co-accused all plead guilty to manslaughter. Only our client was released on time served, with one month (yes, month) of non-reporting probation.
Robbery, Cocaine, Fentanyl
Robbery x 4 (carjackings), Possession of Property Obtained by Crime, Proceeds of Crime, and Possession for the Purpose of Trafficking Cocaine and Fentanyl.
R. v. A.D. | 2022 | BRAMPTON
The police cobbled together a theory that my client was involved in a series of car jackings and managed to obtain a tracking warrant for his phone and car as well as a transmission data recorder and eventually a warrant to search his home and a storage locker. Looking for evidence of the car jackings, they stumbled on a significant quantity of fentanyl and cocaine, along with a press and packaging and just over $25,000 in cash. We brought a Charter Application challenging all four warrants and on the first day of the Application, the Crown brought a motion to dismiss it as having no merit. Not only did the Judge rule the Application had merit, after a nine day battle spread out over 3 months, the entire Application was granted, all evidence excluded, and the client is getting his cash back.