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.
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All charges withdrawn at the request of the crown after filing an extensive charter application challenging the roadside stop of my client’s vehicle which culminated in the illegal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…”
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.
Assault Causing Bodily Harm
R. v. Z.M. | 2020 | HAMILTON
African client was standing outside of a bar when a white male approached and called him a, “Fucking N-.” In what I argued was a measured response, client fractured his orbital bone. The Crown eventually conceded that the response was understandable and in an effort to subvert a 4-day trial, withdrew the charge.
Robbery with a Firearm, Forcible Confinement and Kidnapping
R. v. E.K. | 2020 | HAMILTON
Allegations of an armed kidnapping and robbery invented by the ‘victim’ in order to try and cover up a fraud he participated in. After two days of cross examining the victim, the Crown invited the judge to dismiss all charges.
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.
Domestic Assault
R. v. O.B. | 2019 | BRAMPTON
Client’s wife decided to use the Criminal Justice System as a weapon in their acrimonious divorce. Client acquitted following a two-day trial.
Firearms
Dangerous Weapons, Carrying a Concealed Weapon and Mischief.
R. v. A.D. & M.D. | 2019 | TORONTO
Clients charged after admiring their newly purchased airsoft pistols on public transit, when other passengers mistook their pistols for real guns. Originally screened for jail time, after negotiations with the Crown involving the classification of firearms and poor choices for displaying things that look like guns, the Crown agreed to withdraw the charges after the completion of 20 hours of community service.
LESSON:
Do not display anything that looks remotely like a firearm in public, especially in Toronto. Even if it’s perfectly legal.
Cocaine, Firearms
Client charged with Possession of Cocaine for the Purpose of Trafficking and Possession of a Firearm x2, after the police raided a trap house and arrested all 8 people found inside.
R. v. T.W. | 2019 | TORONTO
After a nine-day preliminary hearing, we had him discharged of all counts.
Meth, Cocaine, Mushrooms, Stolen Property, and Firearms
Possession of Meth, Cocaine, and Mushrooms for the Purpose of Trafficking, Possession of Stolen Property, Possession of Firearms x7, Careless Storage of Firearms x7, and Possession of a Prohibited Weapon x3.
R. v. G.S. | 2019 | HAMILTON
Mr. S sat in custody for 3 months when his first lawyer refused to bring a bail hearing because he was charged with 7 firearm offences and possession of over half a pound of Meth. I successfully argued for his bail within two weeks of being retained and all of his charges were stayed 14 months later. Today he remains free, with no criminal record.