AREAS OF PRACTICE

The Vancouver Criminal Defense Law Practice of Emmet J. Duncan defends clients charged with any criminal and quasi-criminal offence. Some of the main criminal, drug and provincial offences which Mr. Duncan defends his clients against include:

VIOLENT OFFENCES

CRIMES OF VIOLENCE (assault - all types)

In the simplest form, an assault is an unwanted touching; in other words, touching without consent.  Assault with a weapon, assault causing bodily harm and aggravated assault are all forms of assault which are charged if the circumstances show that a weapon was used or there was some sort of injury or bodily harm, including wounding, maiming disfigurement or endangerment of life.

The most common defences to charges of assault are self-defence and consent.  Self-defence is extremely technical and is often successfully invoked not only in simple assaults but also the most serious forms of violence including assault with a weapon, assault causing bodily harm, aggravated assault, and murder.

The defence of consent, which is commonly used in “simple” assault cases, requires an effective challenge to the Crown’s case, including cross-examination, to show the other side of the story.

DOMESTIC VIOLENCE

Often referred to as a “spousal assault”, there is no specific Criminal Code provision dealing with this charge.  The police lay a charge of assault (or a more serious form such as assault with a weapon, assault causing bodily harm or aggravated assault).

Often, these cases come down to a “he said / she said” disagreement about what happened.  In many of these cases, Defence counsel can negotiate with the Crown to drop the assault charge in return for the client agreeing to a type of restraining order, called a “recognizance” (or a s. 810 peace bond).  When the case is resolved that way, then the client ends up with no criminal record.

Sometimes, however, the case has to go to trial, and in that case, complicated issues of credibility need to be resolved and the client needs effective representation – both to challenge the Crown’s case and to present their own.

CRIMINAL HARASSMENT (Stalking)

Police lay this charge if they believe they have enough evidence to show that the Accused:

• repeatedly followed a person from place to place;
• repeatedly communicated with a person (directly or indirectly);
• watched the home or place of employment where a person resides, works, or happens to be; or
• engaged in threatening conduct directed at the other person, or any member of his/her family.

Although the charge is commonly laid, there are numerous elements the Crown must prove beyond a reasonable doubt to get a conviction, including proving that:

• the Accused knew that the person is being harassed, or was reckless as to whether the person is being harassed;
• the conduct caused the alleged victim to fear for his or her safety; and
• that the fear was reasonable.

There are numerous technicalities both prosecuting and defending this charge and skilful work at trial often leads to an acquittal.

Because of the technical nature of the offence, it is not unusual for defence counsel to successfully negotiate a resolution with the Crown in which the Client agrees to a type of restraining order, called a “recognizance” (or a s. 810 peace bond).  When the case is resolved that way, then the client ends up with no criminal record.

THREATENING

A charge of threatening involves a threat (verbal or otherwise), to cause death or bodily harm to any person; to burn, destroy or damage real or personal property; or to kill, poison, or injure an animal or bird that is the property of any person.

The most common defences are to deny the incident took place or to deny that the incident occurred with the intention to menace, intimidate or cause fear to the recipient.

KIDNAPPING / UNLAWFUL CONFINEMENT

Holding someone and depriving them of the freedom to move about is unlawful confinement.  When that confinement is combined with moving that person from one place to another against his will, the unlawful confinement becomes kidnapping.

These are extremely serious charges and are usually hard fought cases and the Crown often seeks a lengthy sentence.   Proof of the offence can come in a variety of forms, including surveillance evidence, wiretap, forensic evidence (e.g. fingerprint and DNA), eyewitness evidence, technical evidence (e.g. cell phone movement) and more.  The defences are just as varied.  Having skilled and experienced counsel to test the evidence is vital to a successful defence.

HOMICIDE

The Criminal Code, the police and the Crown treat the death of another person as the most serious event in the Criminal Justice System.  Usually, the most experienced police officers and Crown counsel are involved in conducting an investigation and, in appropriate circumstances, prosecution of a fatality.

While death is always tragic, it is not always murder or even manslaughter.  Anyone accused of causing someone else’s death must have the benefit of legal advice as soon as possible to make sure that their rights are protected.

EXTORTION

Where a person uses threats, accusations, menaces or actual violence to try or actually obtain something, then he may have committed the offence of extortion.  If a firearm is used in the commission of the offence (including simply brandishing one), then there is a mandatory minimum sentence of 4 years.

Not every demand for something is extortion, however.  And often, there is a background to the dispute that makes it more complicated and less straightforward than the complainant makes out to the police.  As with other serious offences, extortion requires an experienced lawyer acting in your defence to make sure you are protected.

ROBBERY

This is an extremely serious offence in which someone uses or threatens to use violence during the course of stealing.  The maximum penalty for robbery is life in prison and when it is charged, the Crown treats it very seriously.

HOME INVASION

Although there is no actual criminal charge of “home invasion”, the Criminal Code requires a Court to consider it “aggravating” where a person commits a robbery, extortion, unlawful confinement or breaking and entry of a residence.

The defences to such a designation are varied, but because the consequences of such a finding can be very serious, it is imperative that skilled and experienced counsel assist an accused person.

For a sampling of recent successes that Vancouver Criminal Defence Lawyer Emmet J. Duncan has enjoyed for his Clients, browse his Recent Successes in Defending Weapons and Violent Offences.

** Please be advised that these definitions and information are not comprehensive legal definitions.  They are designed to provide a brief and basic description of some of the most common criminal charges.  As with all criminal charges, available defences will vary depending on the individual circumstances of each case.   As such, the content of this website is not legal advice.   Do not use or otherwise rely on any of the following content without first seeking proper legal advice.**