Success

JHG criminal law

2020

R. v. K.G. | 2020 | ST. CATHARINES, ON

CHARGE:

Possession for the Purpose of Selling Cocaine and Proceeds of Crime.

RESULT:

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.

R. v. J.S. | 2020 | BRANTFORD, ON

CHARGE:

 First Degree Murder.

RESULT:

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.

R. v. S.M. | 2020 | OSHAWA, ON

CHARGE:

Possession for the Purpose of Trafficking Fentanyl and Cocaine, Possession for the Purpose of Distributing Marijuana and Proceeds of Crime, and Driving Disqualified.

RESULT:

Associate Madalyn Bavaro 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.

R. v. B.D. | 2020 | HAMILTON, ON

CHARGE:

First Degree Murder, Assault with a Weapon, Administering a Noxious Substance and Possessing a Prohibited Weapon.

RESULT:

After spending 68 days in jail, I had the murder charge withdrawn for this wrongfully accused 18-year-old. 8 months later, he plead guilty to possessing brass knuckles and was handed a suspended sentence with 15 months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.

R. v. M.S. | 2020 | ST. CATHARINES, ON

CHARGE:

Possession of a Loaded and Restricted Firearm and Possession of Fentanyl, Heroin, Cocaine, and Meth for the Purpose of Trafficking.

RESULT:

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

RESULT:

Successfully argued bail hearings for 36 clients between March 23rd and July 6th, throughout the State of Emergency caused by COVID-19.

R. v. O.B. | 2020 | BRAMPTON, ON

CHARGE:

Importing Cocaine, P4P Cocaine and Possession for the Proceeds of Crime.

RESULT:

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.

R. v. Z.M. | 2020 | HAMILTON, ON

CHARGE:

Assault Causing Bodily Harm.

RESULT:

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.

R. v. E.K. | 2020 | HAMILTON, ON

CHARGE:

Robbery with a Firearm, Forcible Confinement and Kidnapping.

RESULT:

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.

2019

R. v. B.D. | 2019 | HAMILTON, ON

CHARGE:

First-Degree Murder.

RESULT:

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.

R. v. O.B. | 2019 | BRAMPTON, ON

CHARGE:

Domestic Assault.

RESULT:

Client’s wife decided to use the Criminal Justice System as a weapon in their acrimonious divorce. Client acquitted following a two-day trial.

R. v. A.D. & M.D. | 2019 | TORONTO, ON

CHARGE:

Dangerous Weapons, Carrying a Concealed Weapon and Mischief.

RESULT:

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.

R. v. T.W. | 2019 | TORONTO, ON

CHARGE:

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.

RESULT:

After a nine-day preliminary hearing, associate Madalyn Bavaro had him discharged of all counts.

R. v. G.S. | 2019 | HAMILTON, ON

CHARGE:

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.

RESULT:

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.

R. v. S.D. | 2019 | HAMILTON, ON

CHARGE:

Possession for the Purpose of Trafficking Cocaine and for Proceeds of Crime.

RESULT:

Client arrested after police executed a search warrant on his residence. Prepared and filed a Charter Application alleging that the police lied in their affidavit and used excessive force in executing the warrant. Provided photographs to show the inconsistencies and improper conduct of the police and as a result, all charges withdrawn at the request of the Crown.

R. v. D.K. | 2019 | HAMILTON, ON

CHARGE:

Possession for the Purpose of Trafficking Fentanyl.

RESULT:

Client arrested following police investigation into the overdose death of a young woman. Phone records linked client to the deceased on the night of the death. 7 months and two pretrials later, all charges withdrawn by the Crown when the records and surveillance video could not support the allegations.

R. v. D.P. | 2019 | HAMILTON, ON

CHARGE:

Aggravated Assault and Armed Robbery.

RESULT:

Client and two friends were caught on HD-quality surveillance video entering a business, armed with handguns and a hammer. They used zip ties to confine two women, and client attacked the owner with a hammer, causing significant injuries to his brain and eye. All three accused were arrested fleeing the scene, in possession of the video system capturing the events, dressed in the same clothing as the robbers. Guilty pleas were entered for all accused. Successfully argued for a 7-year jail sentence following a 2-day hearing with Crown, seeking a 12-year sentence given client’s previous record for similar offences.

2018

R. v. D.M. | 2018 | HAMILTON, ON

CHARGE:

 First-Degree Murder.

RESULT:

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.

R. v. J.M. | 2018 | HAMILTON, ON

CHARGE:

Accessory After the Fact to Murder.

RESULT:

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.

R. v. O.B. | 2018 | BRAMPTON, ON

CHARGE:

Possession for the Purpose of Trafficking Cocaine and Proceeds of Crime.

RESULT:

Client charged in “Project Cartella” with possession of 2 kilograms of Cocaine found in a bedroom closet and Proceeds of Crime in relation to money. Police executed search warrants on his and his girlfriend’s residence; following a 7-month police investigation involving wire taps, tracking devices, and surveillance. Client acquitted of all charges at the end of a 5-day trial.

R. v. J.A.B. | 2018 | TORONTO, ON

CHARGE:

Possession for the Purpose of Trafficking Heroin and proceeds of crime.

RESULT:

Client acquitted after a 3-day Superior Court Charter Application challenging the arrest, strip search, and violation of my client’s right to counsel. Judge found the police lied about seeing a dime bag of Heroin in my clients hand and therefore the subsequent strip search in a residential building was unlawful. Evidence excluded: 19 grams of Heroin and cash.

R. v. T.L. | 2018 | TORONTO, ON

CHARGE:

Production and Possession for the Purpose of Trafficking Marijuana, and Proceeds of crime.

RESULT:

Client and co-accused all acquitted following a Charter Application challenging the search of their business and residence. Police acting on an informant’s tip and the smell of marijuana were granted a search warrant and located over 900 plants, 18 kilograms of dried marijuana, and money. All evidence excluded due to significant constitutional violations.

2017

R. v. S.G. | 2017 | BRAMPTON, ON

CHARGE:

Second-Degree Murder.

RESULT:

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.

R. v. M.N. | 2017 | TORONTO, ON

CHARGE:

Assault Causing Bodily Harm.

RESULT:

My client and his two self-represented friends were all acquitted after a 2-day trial at Old City Hall. Within an hour of cross-examining the complainant, he was apologizing to my client from the witness stand for having him wrongfully arrested.

R. v. A.M. | 2017 | HAMILTON, ON

CHARGE:

Importing Fentanyl, Conspiracy to Traffic Fentanyl, and Possession for the Purpose of Trafficking Fentanyl.

RESULT:

This 52-year old mother with no criminal record was told by her first lawyer to “get comfortable” sitting in jail since she would be spending the next day 8-10 years there. After hiring me, she was out on bail within 1 week and a year later, all of her charges were withdrawn at the preliminary hearing.

R. v. D.W. | 2017 | WELLAND, ON

CHARGE:

First-Degree Murder.

RESULT:

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.

R. v. J.P. | 2017 | BRAMPTON, ON

CHARGE:

Possession for the Purpose of Trafficking Fentanyl.

RESULT:

Charge withdrawn after discussions with the Crown concerning the arresting officer’s involvement in the theft of evidence from a different drug-related investigation.

2016

R. v. J.C. | 2016 | HAMILTON, ON

CHARGE:

Possession of a Firearm or Imitation Thereof.

RESULT:

Client acquitted after trial when the Crown failed to prove that possession of the firearm or imitation firearm was for a purpose dangerous to the public.

R. v. M.P. | 2016 | ST. CATHERINES, ON

CHARGE:

Conspiracy to Traffic Cocaine, Possession of Cocaine for the Purpose of Trafficking, Proceeds of Crime, and Money Laundering.

RESULT:

Client pled guilty to one count of possessing Cocaine for the Purpose of Trafficking; all other counts withdrawn. Crown sought a sentence of 5 years in custody, I argued that the 2-3 year range was appropriate. Judge agreed with me and my client was sentenced to 2.5 years (30 months) less pre-sentence custody on an enhanced basis.

R. v. A.Q.R. | 2016 | NEWMARKET, ON

CHARGE:

Possession of Cocaine for the Purpose of Trafficking (x 4) and Proceeds of Crime.

RESULT:

Client charged with possessing 2 kilograms of Cocaine for the Purpose of Trafficking after police executed a search warrant on a residence in Vaughan. Following a 4-day trial, client was acquitted of all charges.

R. v. S.E. | 2016 | HAMILTON, ON

CHARGE:

Second-Degree Murder.

RESULT:

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.

2015

R. v. R.F. | 2015 | HAMILTON, ON

CHARGE:

Dangerous Weapons, Possession of Firearms, Mischief, and Failure to Comply x 4.

RESULT:

Client charged with allegedly firing a gun into a crowd of people during a New Year’s Eve brawl on a residential street. Client acquitted of all charges after a 2-day trial.

R. v. J.A. | 2015 | HAMILTON, ON

CHARGE:

Possession of Controlled Substance x 3 (Crystal Meth, GHB, and Marijuana).

RESULT:

Client acquitted of all charges after Charter Application to exclude the evidence due to illegal arrest and unlawful search by police.

R. v. J.B. | 2015 | TORONTO, ON

CHARGE:

Attempted Murder, Assault, and Theft.

RESULT:

Client charged with two other accused in a downtown shooting. Released on bail and all charges stayed following a pretrial.

R. v. A.F-S (YOUTH) | 2015 | BRAMPTON, ON

CHARGE:

Intimidation of a Justice System Participant x 3, Criminal Harassment x 3, and Mischief.

RESULT:

Client acquitted of all but the Mischief charge after 2 days of trial, based on the video evidence and the testimony of three officers from the Roy McMurtry Youth Detention Centre.

R. v. S.C. | 2015 | HAMILTON, ON

CHARGE:

Second-Degree Murder.

RESULT:

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.

2014

R. v. R.G. | 2014 | BRAMPTON, ON

CHARGE:

Trafficking Cocaine, Possession of Marijuana, Attempt to Disarm an Officer, and Assaulting the Police.

RESULT:

Client acquitted after 3 days of trial and after the judge ordered a view of the scene of the alleged offence; after video evidence submitted by defence called the arresting officer’s evidence into question.

R. v. J.H. (YOUTH) | 2014 | OSHAWA, ON

CHARGE:

Possession of a Loaded and Prohibited Firearm.

RESULT:

Client charged as a young offender for Possessing a Firearm found in a garage when police executed a search warrant at his home. He was acquitted on the second day of the trial.

R. v. L.C. | 2014 | TORONTO, ON

CHARGE:

Possessing Unlawfully Restricted and Prohibited Firearms (multiple counts), Possession for the Purpose of Trafficking Marijuana and Hash, and for Proceeds of Crime.

RESULT:

After successful challenge to the search warrant and all charges withdrawn, appeared in the Superior Court and secured the return of 19 firearms and over $250,000 in cash seized by the police.

R. v. D.B. | 2014 | OSHAWA, ON

CHARGE:

Human Trafficking x 3, Living off the Avails of Prostitution x 3, Procuring a Prostitute x 3, Forcible Confinement, Unlawful Possession of a Firearm and Various Weapons Charges.

RESULT:

All charges withdrawn at the request of the Crown, following a 5-day preliminary hearing.

R. v. M.B. | 2014 | BRAMPTON, ON

CHARGE:

Importing Cocaine.

RESULT:

Charges stayed after a mistrial declared and application for stay of proceedings filed in the Superior Court.

R. v. R.R. (YOUTH) | 2014 | BRAMPTON, ON

CHARGE:

Sexual Assault and Sexual Interference.

RESULT:

17 year-old client charged after his girlfriend admitted to having sex below the age of consent, but having lied about her age. Client acquitted of all counts after a 2-day trial.

2013

R. v. M.G. | 2013 | HAMILTON, ON

CHARGE:

Possession of Marijuana, Obstructing Police, Breach of Recognizance, and Breach of Probation.

RESULT:

Client acquitted of all charges after evidence excluded, following a successful Charter Application.

R. v. F.C. | 2013 | BRAMPTON, ON

CHARGE:

Importing Cocaine.

RESULT:

Client acquitted of importing a kilogram of Cocaine following a 5-day jury trial.

R. v. D.C. | 2013 | TORONTO, ON

CHARGE:

Possession of a Loaded and Restricted Firearm.

RESULT:

Client acquitted of all charges by a jury, following a 2-week trial in the Toronto Superior Court.

R. v. B.M. | 2013 | ST.CATHERINES, ON

CHARGE:

Possession of Cocaine for the Purpose of Trafficking.

RESULT:

Client acquitted of Possessing Cocaine found in a pocket of a uniform at Niagara Detention.

2012

R. v. S.T. 2012 | TORONTO, ON

CHARGE:

Possession of Cocaine for the Purpose of Trafficking and Proceeds of Crime.

RESULT:

Client acquitted following a standalone judge trial in the Toronto Superior Court.

R. v. D.C. | 2012 | BRAMPTON, ON

CHARGE:

Domestic Assault, Pointing a Firearm, Possessing a Firearm, and Uttering Threats.

RESULT:

Client acquitted of all charges following a 10-day jury trial in the Brampton Superior Court.

2011

R. v. D.D. | 2011 | BRAMPTON, ON

CHARGE:

Gang Sexual Assault.

RESULT:

Client acquitted after a 2-week trial before a Superior Court judge, without a jury.

R. v. R.A. | 2011 | TORONTO, ON

CHARGE:

Possession of a Loaded and Prohibited Firearm.

RESULT:

Client acquitted of all charges after an 8-day trial without a jury, in the Superior Court.

2010

R. v. A.G. | 2010 | TORONTO, ON

CHARGE:

Robbery.

RESULT:

Client acquitted after trial, before a judge in Scarborough.

R. v. M.S. | 2010 | BRAMPTON, ON

CHARGE:

Possession of a Loaded and Prohibited Firearm, and Ammunition.

RESULT:

Client discharged at the end of a 3-day preliminary hearing.