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.
Cocaine, Oxys, Ketamine, Adderall, LSD
Possession for the purpose of trafficking cocaine, oxys, ketamine, Adderall, and LSD.
R. v. M.R. | 2022 | ST. CATHARINES
Our client was the target of a drug investigation that culminated in three warrants being executed and a variety of substances, cash, and cell phones seized. It took almost 20 months and an extensive Charter Application challenging the warrants into his apartment and vehicles but on the first day of the application, the Crown withdrew all charges and the client remains free of any criminal record.
Manslaughter
R. v. D.S.D | 2022 | HAMILTON
I had the entire Hamilton Crown Attorneys Office kicked off the case due to a conflict of interest when my client’s old lawyer switched sides and joined the same crowns office prosecuting him. Take a minute to read the decision. It’s worth it…
Fentanyl
Possession for the purpose of trafficking fentanyl and proceeds of crime.
R. v. A.M | 2022 | HAMILTON
Client was a passenger in a vehicle that was pulled over for a traffic stop. His twin brother had a warrant for his arrest and police asked for his identification to confirm who he was. Client complied, confirming that he was not wanted by police, had no outstanding charges, and no criminal record. Nonetheless, he was removed from the car and searched, resulting in the seizure of 229 fentanyl pills and just over $7,600 in cash. After filing an extensive charter application arguing that the police violated his right to be free from arbitrary detention, the right to be free from unreasonable search, and the right to counsel, the Crown stayed all charges.
Fentanyl, Cocaine, Weapons Charges
Possession for the purpose of trafficking fentanyl and cocaine, possession of a weapon (machete), carry concealed weapon, proceeds of crime, and obstruct police.
R. v. T.W. | 2022 | ORILLIA
Client acquitted following a 3 day trial in which I successfully argued that he was illegally detained and unlawfully searched by police, who did not corroborate the tip from a confidential informant. As a result, 180 grams of cocaine, 33 grams of fentanyl, and a machete found on my clients person were all excluded.
SIDE NOTE:
This win felt particularly good since the prosecutor told my client and I during the trial that she was proud to represent sex offenders but thought drug dealers were scum for selling drugs and killing people. Clearly she turns a blind eye to the fact many drug addicts are victims of sex based offences, so her defence practice actually creates more work for many of my clients.
Cocaine, MDMA
Possession for the purpose of trafficking cocaine and MDMA and proceeds of crime.
R. v. S.L | 2022 | HAMILTON
Client was charged following a “routine traffic stop” in which 16 ounces of cocaine, an ounce of MDMA, and $20k in cash were located in the back seat of his car. After arguing that the crown delay in proceeding violated his constitutional right to trial in a reasonable amount of time, all charges were stayed.
Second-Degree Murder
R. v. J.B | 2022 | BRANTFORD
After spending two years and 7 months in custody, the Crown agreed to accept a plea to aggravated assault for a 3-year peace bond. I have been offering peace bonds as a resolution to murder charges for years, this was the first time a crown actually accepted.
Fentanyl, Cocaine, Crack, Meth, and Percocets
Possession for the purpose of trafficking fentanyl, cocaine, crack, meth, and Percocets.
R. v. S.K. | 2022 | BRANFORD
This client came to me after another lawyer wanted him to take a plea deal for 8-10 years. After completing the preliminary hearing that the other lawyer started, I filed a Charter Application challenging the illegal search and seizure of a backpack that police found in a car, containing all of the drugs along with my client’s wallet. Before we could even argue the Motion, the Crown withdrew the charges.
Fentanyl, Possession of Ammunition
Possession for the purpose of trafficking fentanyl and possession of ammunition.
R. v. T.G-F | 2021 | TORONTO
Client was charged with possession for the purpose of trafficking fentanyl (later confirmed as also including carfentanyl, cocaine, and heroin) and over 200 rounds of ammunition after police executed a search warrant at a residence they believed was his. After a successful challenge to the warrant, the Judge decided that the police had mislead the issuing justice and excluded all of the evidence; and my client was acquitted of all counts. Read the judges reasons below:
Second-Degree Murder x2 and Indignity to a body x2
R. v. J.W. | 2021 | ST. CATHARINES
My client, his sister, and his wife were all charged with the death of man and a woman that had been living in my clients basement. The Crown alleged that my client and his sister killed the couple with a hammer and then all three parties drove the bodies from St. Catharines to Haliburton were they were set on fire in an forest. The Crown proceeded separately accused all three accused in order to force each one to testify against the others. My client was committed to stand trial on the basis of his sister’s evidence alone (decision attached). Once all three accused were in Superior Court, the Crown joined them together. As a result, I brought an Application Arguing Abuse of Process, which found that the Crown did abuse their power and the evidence of each accused at the prelim was ruled inadmissible at trial. Three weeks before the trial was set to begin, realizing the significant weaknesses in their case, the Crown offered my client a plea to two counts of manslaughter for a total sentence of 6.5 years, less time already served. Out on bail for over a year at the time of sentencing, my client stepped in for what was a 3.5 year sentence on two bodies and will be back home in less than 2.
Attempted Murder, Robbery With Firearm, Aggravated Assault
Attempted Murder, robbery with firearm, discharge firearm, aggravated assault, careless use, and weapons dangerous.
R. v. C.W | 2021 | TORONTO
The client brought his legally registered handgun to a drug deal and, after a dispute, left the dealer with three gunshot wounds to the abdomen. The client was released on bail within days and has spent the last three years turning his life around (rehab, university, employment, counseling). As a result, he will never see the inside of a cell. His legal battle ended with a plea to aggravated assault and careless use for a two-year sentence to be served in the community.
Firearms, Cocaine, Heroin, Fentanyl
Possession of a loaded restricted firearm, possession for the purpose of trafficking cocaine, heroin, and fentanyl, proceeds of crime, fail to comply with recognizance.
R. v. L.N | 2021 | MIDLAND
Client acquitted of all charges following an 8 day battle, where I argued that my client was racially profiled and investigated for no other reason than being a black man driving through Midland. The investigation led to his unlawfully arrest and search of the trunk of his car where the drugs and gun were located. The judge agreed with my arguments and excluded all evidence and even acquitted on the breach of bail because “but for the racial profiling, Mr. N would never have been identified to the police or become the subject of their investigation”.
This decision is well worth the read: (see below)
Cocaine
Possession for the purpose of trafficking cocaine and proceeds of crime.
R. v. J.Y. | 2021 | HAMILTON
All charges withdrawn at the request of the crown after filing an extensive charter application challenging the roadside stop of my client’s vehicle which culminated in the illegal search and seizure of an ounce of cocaine.
Firearms
Careless storage of a firearm + Firearms License Revocation.
R. v. C.L | 2021 | TORONTO
The criminal charge of careless storage of a firearm was withdrawn at the earliest opportunity, after explaining to the Crown that this properly licensed accused had his car stolen with his registered firearm inside of it. The Chief Firearms Office nonetheless wanted to take his license and occupation away, which necessitated a two day hearing to fight for. In the end, we were successful as the Judge found the decision of the CFO to be unreasonable.
Flight from police
Flight from police, dangerous driving, arson, and obstruct Justice
R. v. A.S | 2021 | HAMILTON
Client was acquitted of all charges on the first day of a three day trial. The crown realized she could never prove that he was the one driving his vehicle when it smashed into a cop car and then evaded 3 cruisers in pursuit, before being lit on fire three hours later.
Robbery with a Firearm
Robbery with a firearm, possess property obtained by crime, and breach probation.
R. v. J.A. | 2021 | BRAMPTON
During a photo line-up, the complainant told police that he was “110% sure” that our client was the person who robbed him at gunpoint. By the end of the second day of trial, and after extensive cross examination, he was no longer sure he had identified the right person and client was acquitted of all charges.
Cocaine
Possession for the Purpose of Selling Cocaine and Proceeds of Crime.
R. v. K.G. | 2020 | ST. CATHARINES
Client acquitted of all charges following a two day trial, despite the judge being “highly suspicious” of the two ounces of cocaine police located in her hall closet.
First-Degree Murder
R. v. J.S. | 2020 | BRANTFORD
The crown accepted a plea to manslaughter after we filed an 11b/s.7 application for the failure of the system to try J.S. in a reasonable time when COVID-19 forced the trial to be adjourned. This allowed J.S. to avoid the life sentence he was facing for fatally shooting the victim hours after threatening to shoot him in the face. Sentenced to 9 years and 4 months after credit for pre-sentence custody.
Fentanyl, Cocaine, Marijuana
Possession for the Purpose of Trafficking Fentanyl and Cocaine, Possession for the Purpose of Distributing Marijuana and Proceeds of Crime, and Driving Disqualified.
R. v. S.M. | 2020 | OSHAWA
Associate successfully argued that the clients right to be free from unreasonable search and seizure was violated, along with his right to counsel. All evidence obtained from the illegal search was excluded and the client acquitted.
First-Degree Murder, Assault, Drugs, Firearms
First Degree Murder, Assault with a Weapon, Administering a Noxious Substance and Possessing a Prohibited Weapon.
R. v. B.D. | 2020 | HAMILTON
After spending 68 days in jail, I had the murder charge withdrawn for this wrongfully accused 18-year-old. 8 months later, he plead guilty to possessing brass knuckles and was handed a suspended sentence with 15 months probation.
Firearms, Fentanyl, Heroin, Cocaine, Meth
Possession of a Loaded and Restricted Firearm and Possession of Fentanyl, Heroin, Cocaine, and Meth for the Purpose of Trafficking.
R. v. M.S. | 2020 | ST. CATHARINES
After receiving a tip that my client was dealing drugs, police installed a tracking device in his car and later executed a search warrant for the car and a residence. We successfully challenged the warrant for the tracker and the warrants for the home and car. In excluding all evidence at trial (the gun and drugs), the judge stated, “The conduct of the state authorities in this case was so subversive of the process that in order for the justice system to dissociate itself from the police actions the only remedy is to set aside the warrants…”