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.
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.
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:
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.
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.
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:
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.
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.
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…”
COVID-19 Bail Hearings
Successfully argued bail hearings for 36 clients between March 23rd and July 6th, throughout the State of Emergency caused by COVID-19.
Cocaine
Importing Cocaine, P4P Cocaine and Possession for the Proceeds of Crime.
R. v. O.B. | 2020 | BRAMPTON
Client charged with importing 44 kilograms of cocaine, plead guilty with another lawyer. We spent a year and a half fighting to strike the plea and were ultimately successful. After another year and a second mistrial, the Crown stayed all charges and client remains without a criminal record.