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.
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.
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.
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…
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.
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.
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.
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.
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.
First-Degree Murder
R. v. B.D. | 2019 | HAMILTON
Client was charged in relation to the stabbing death of a 14-year-old student outside his school. The disclosure revealed that there was no prospect for a conviction against client. After several weeks of discussion, the Crown agreed and withdrew charge.
First-Degree Murder
R. v. D.M. | 2018 | HAMILTON
Client charged with First-Degree Murder in June 2016. I successfully argued for bail in December 2016. In January 2018, I had his videotaped statement, which included a confession to being at the murder, excluded from trial. In August 2018, the Crown accepted a plea to Manslaughter and in October he was sentenced to 5 years in jail; while one co-accused received a 10-year sentence for Manslaughter and the other was convicted of First-Degree Murder.
Accessory After the Fact to Murder.
R. v. J.M. | 2018 | HAMILTON
Arrested for Murder but charged with being an accessory to the “Good Samaritan” killing outside of a mosque in Hamilton. Negotiations with the Crown resulted in a plea to obstruct justice for a 1-year sentence.
Second-Degree Murder
R. v. S.G. | 2017 | BRAMPTON
Client charged with stabbing a man four times following a brief exchange behind a plaza in Mississauga. After 6 days of evidence, including the client’s account of having to defend himself, the jury spent 4 days deliberating before finding the client not guilty of Murder.
First-Degree Murder
R. v. D.W. | 2017 | WELLAND
Following an 8-week jury trial, client acquitted of First and Second-Degree Murder; convicted of the lesser offence of Manslaughter for his role in the Kidnapping, Unlawful Confinement, and Murder of the victim.
Second-Degree Murder
R. v. S.E. | 2016 | HAMILTON
Following the successful challenge to utterances and statements made to police, and after 1 week of trial before a jury, the Crown accepted a plea to Manslaughter and a sentence of 2 years less a day served in a treatment facility.
Attempted Murder
Attempted Murder, Assault, and Theft.
R. v. J.B. | 2015 | TORONTO
Client charged with two other accused in a downtown shooting. Released on bail and all charges stayed following a pretrial.
Second-Degree Murder
R. v. S.C. | 2015 | HAMILTON
Following a 4-week jury trial, client was acquitted of Murder but convicted of the lesser included offence of Manslaughter. Crown application to revoke bail denied and the client remains out pending sentence. Sentence: 3 years and 10 months, after credit for pretrial custody and strict bail conditions.