SEXUAL OFFENCES
Because there are always two sides.
Sexual Offences such as sexual assault, luring, and child pornography often carry serious consequences like sex offender registry and mandatory jail sentence. An experienced criminal defence lawyer can sometimes cross examine complainants and discredit their story which may be enough for reasonable doubt in your case.
These types of convictions may carry life long consequences such as DNA orders and Sexual Offender Registry.
An experienced lawyer will help you understand your options and possible consequences.
MY PREVIOUS RESULTS
R V J. G.
SEXUAL INTERFERENCE, SEXUAL ASSAULT
John's adult client had sex with a minor and knew her age.
After a night of heavy night of using drugs, John's client went into the police station and confessed the crime. After police investigated, John's client was charged with statutory rape, or sexual interference and sexual assault.
J. G.'s acquittance also had sex with the same minor and received 9 months jail.
The Criminal Code prescribes a mandatory minimum of 90 days jail for this crime.
During a guilty plea, John was able to secure the 90 day jail minimum and even convinced the Court to allow J. G. to do it on weekends.
R V M. J.
SEXUAL ASSAULT
John's client was dating the alleged victim or complainant for a few months. They had a good relationship.
After the complainant mental health issues became 'too much' for M. J. to handle, he broke up and ended the relationship.
The complainant was not happy and told police she was raped or had non consensual sex with John's client. The Crown was asking for 1 year jail as the alleged sexual assault was penetration.
John was able to demonstrate the inconsistencies and appearance of lies in the complainant's statements to police. In turn, John was able to negotiate a withdrawal of the serious charge.
R V M. G.
VOYEURISM, OBSTRUCT POLICE
John's client was at a commercial establishment taking photos of a woman's private areas. The woman noticed and called police right away.
John's client got arrested just outside and his cellphone was seized by police. A search of the phone revealed many photos of other victims in non consensual and compromising positions.
The Crown was seeking a period of jail and the case was very strong against M. G.
John was able to convince the Court that a period of probation appropriate and John's client avoided a jail sentence.
R V. K. T.
SEXUAL ASSAULT, SEXUAL INTERFERENCE
John's client was a young person charged with his 3rd sexual assault. He was already convicted of 2 prior sexual assaults.
The complainant wasn't even a teenager at the time of the offence. K.T. father was a witness to the conduct shortly after and there was 2 other friend witnesses who collaborated the complainant's version.
John's client, after caution, rights to counsel (duty counsel, not John Piszczek), and in the presence of his parent, provided a video recorded confession.
The Crown's case was extremely strong. The Crown was looking for a lengthy term of jail.
John was able to bring an O'Connor Application, also known as a Third Party Record Application to obtain health records related to the complainant. This lengthy and complicated process requires several legal documents including affidavits, factums, and application.
Upon serving the Crown and related parties with John's O'Connor Application, the Crown agreed to take jail off the table.
John's client received 2 months of curfew and further probation for his 3rd sexual related conviction.
A proficient lawyer is able to use every defence possible available under the law.
R V B. L.
CHILD PORN
John's client was charged with child porn related offences. Police obtained a search warrant and executed a search of his residence. Police seized electronic devices including cellphones, tablets, laptops and computers.
The Crown was asking for a year jail for John's client who had no criminal record. Further, there would be mandatory consequences like being a registered sex offender.
John was able to bring a successful Charter Motion that lead to the Crown withdrawing the serious child porn charges.
John's client was able to plead guilty to a much less serious charge of downloading TV shows illegally which allowed John's client to be placed on probation and avoid serving anytime in jail.
R V M. T.
SEXUAL ASSAULT
John's client was heavily intoxicated at a function. Later in the evening, he allegedly sexually assaulted a sober security guard.
The Crown Attorney was looking for a period of custody. Also, there are mandatory sex offender registry, DNA orders, and weapon prohibitions.
John was able to secure a complete withdrawal of the charges after bringing a lost disclosure application.
The Crown Attorney and / or police have an obligation to preserve evidence and lost evidence can lead to a stay or withdrawal of charges.