Regina v. R.C.H. [July 2017] – Impaired Driving Alberta
S. 253(1)(b) of the Criminal Code of Canada – Impaired driving Alberta R.C.H. was charged with impaired driving and driving with a blood alcohol contact over .08. He was pulled over for a traffic violation because the police suspected that R.C.H. was impaired by alcohol. The police demanded that R.C.H. supply a sample of his breath into the roadside screening device, …
Regina v. L.C.R. [Provincial Court of Alberta, Calgary – April 2017]
L.C.R. was pulled over by a member of the Calgary Police service for having committed a traffic violation. The peace officer advised L.C.R. that he had an outstanding warrant for failing to appear in Court from over a decade prior. L.C.R. was subsequently arrested. L.C.R. was completely unaware that he’d missed a court appearance, that a warrant had been out …
Regina v. A.A.K. [Provincial Court of Alberta, Calgary – July 2017]
A.A.K. was charged with a multitude of fraud and theft offences as a result of the sale of a motor vehicle. A.A.K. was alleged to have fraudulently misrepresented the status of the vehicle as having a clear title, when in fact it was salvaged and rebuilt. Moreover, A.A.K. was alleged to have represented the vehicle as being accident-free. Unfortunately for …
Regina v. C.D.L. [Provincial Court of Alberta, Calgary – May 2017]
C.D.L. was alleged to have choked a friend of his to unconsciousness after a verbal dispute. Consequently, C.D.L. was charged with a multitude of violent offences. The Court takes choking cases very seriously, and a typical sentence usually includes a period of incarceration. The fact that this case involved choking to unconsciousness made incarceration very likely. The Crown was unwilling …
Regina v. J.R.N. [Provincial Court of Alberta, Calgary – April 2017]
J.R.N. was alleged to have beaten his son with a baseball bat and threatened to assault his son’s friend. When the police arrive, J.R.N. attempted to explain to the police his version of events. The police, as is often the case, left it for the Court system to sort out. J.R.N. was arrested and charged with assault with a weapon, …
Regina v. P.N.S. [February 2017] – Fraud from employer
Section 380 of the Criminal Code of Canda – Fraud from employer over $5000.00 P.N.S. was responsible for making cash deposits for her employer. P.N.S. was going through financial difficulty, and as a result, P.N.S. kept some of the cash she was supposed to deposit. The feeling of guilt ended up being too much for P.N.S. to bear, and she turned herself into …
Regina v. Y.K.T. [Provincial Court of Alberta, Calgary – February 2017]
Simple Possession of Cannabis Marijuana contrary to section 4(1) of the CDSA (Controlled Drugs and Substances Act) In this very unusual factual scenario, Y.K.T., suffering from a mental condition and feeling immense guilt for his possession of cannabis, walked into the Calgary Police Service main branch with a marijuana joint in hand and asked to be arrested for unlawful possession …
Regina v. F.M.Z. [Provincial Court of Alberta, Calgary – Jan 2017]
Breach of a Conditional Sentence Order after Trafficking Cocaine to an Undercover Police Officer Prior to trial, F.M.Z. pleaded guilty to section 5(1) (trafficking in cocaine) of the Controlled Drugs and Substances Act (“CDSA”). Sean Fagan was not F.M.Z’s lawyer at the trial stage. F.M.Z. was fortunate in that the date of the offences pre-dated the effective mandatory minimum periods …
Regina v. R.A.K. [Provincial Court of Alberta, Calgary – April 2017] – Simple assault
Section 266 of the Criminal Code of Canada – Assault R.A.K. was charged with simple assault stemming from a domestic situation. As is often the case in cases of this nature, when tempers are raised, the complaints to the police were less than truthful. Unlike American television, in Canada only the Crown may decide to halt a prosecution; the complainant has …