Child Pornography Possession – Avoiding Hard Time

The 39-year-old accused pleaded guilty to having possessed 3 images of child pornography. Defence Action We carefully worked with our client exploring his background and counselling. At the sentencing hearing, we effectively emphasized the mitigating circumstances which included: his youth, lack of criminal record and openness to rehabilitative counselling. We submitted that he could serve a jail sentence in the …

Greatly Reduced Sentence Due To Indigenous Heritage

The accused drove his vehicle through the front window of a 7-Eleven Retail Store in Salmon Arm, BC. He exited his vehicle inside the store, poured gas into the cab and, after making inquiries as to everyone being out of the store, threw a match into the vehicle. The fire spread quickly and destroyed the entire building. Some vehicles were …

Sexual Assault – Acquittal

Our client was alleged to have engaged in sexual activity without the consent of the complainant. The trial involved evidence of a friendship, which during the day and evening of drinking, resulted in sexual activity. The issues of consent, intoxication and the credibility or reliability of witnesses was squarely before the court. Defence Action We worked hard analyzing the disclosure …

Manslaughter – Acquittal

The accused had been visiting his mother in a trailer over a holiday weekend. The deceased had previously been in a relationship with the mother. Over the course of the weekend, he had approached a trailer wherein the accused, his mother, and others were socializing. The deceased tried to force his way in through the door and in doing so, …

Laptop Seizure – Acquittal – Illegal Search

Here the accused was found near a firehall in the Sorrento area at night. Police had attended the firehall to check the truck to determine its registration that it was not stolen and to determine the sobriety of the driver. When the police approached the truck, the driver continued for 50 meters before they stopped. The police executed a high-risk …

Drug Seizure – Acquittal – Illegal Search

There is an Alberta Court of Queen’s Bench case where individuals in a Ford F150 vehicle from the Salmon Arm area were passing through Edmonton and were stopped by police and based on observations on the vehicle and its driver and two passengers, some drugs and money were seized. Defence Action Defence argument was that the police did not have …

Manslaughter – Acquittal

The accused was charged with the manslaughter of the deceased as well as the theft of her cell phone and laptop computer. Only the manslaughter charge was in dispute. The accused was at the deceased’s house on the night she died and they had engaged in mutual sexual behaviour at the time. The accused told the police during a series …

Dangerous Driving Causing Death – Acquittal

The accused was driving five friends back to a bush party in a 4 wheel drive truck. He was driving along on a two-way rural paved road which was flat and there were six occupants of the vehicle. The driver was said to have been driving fast and the vehicle started to lose control while they were approaching a bridge …

Drug Seizure – Acquittal – Illegal Search

The RCMP stopped the accused near Salmon Arm, British Columbia for speeding. The officer testified that he noticed a strong odor of perfume coming from the inside the vehicle. He made observations that the accused appeared to be a bit nervous, and suspected that contraband could be involved. There was luggage in the back seat which did not belong to …

DUI – Acquittal – Blood Sample Inadmissable

The accused was involved in a motor vehicle accident where his vehicle had run into a building. The accused was hospitalized and an officer made a demand for blood samples soon as practical. This resulted in the analysis of the blood that showed no alcohol present. Ultimately the samples were resubmitted for analysis for drugs and the result was positive. …