JHG
SUCCESS
STORIES
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.
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.
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.
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.