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Sexual Offences

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Sexual Offences

Possession of Child Pornography – NO CRIMINAL CHARGES

R. v. A. Client (2014 Investigation)

Client brought his computer down to a local computer store for servicing after a virus / malware caused the computer to freeze.  When he returned to the computer store to pick up his computer, he was met by police who advised him that the store had told police the computer contained numerous images of child pornography.  Police seized all of the Client’s computer equipment and informed him that he was under investigation for possession and potentially distribution of child pornography.  Client’s computer equipment contained all of Client’s important business information, including information relating to a number of trusts he managed on behalf of numerous individuals and charitable organizations.  Vancouver Criminal Defence Lawyer Emmet J. Duncan persuaded the lead investigator to prioritize analysis of the computer equipment ahead of a number of other urgent investigations, and assured police they would find evidence of significant computer viruses and malware that were responsible for the placement of the unlawful images and materials.  Mr. Duncan also invited police to analyze additional backup computer media to demonstrate the involuntary placement of illegal imagery.  Police agreed to expedite the investigation and in less than two weeks ALL EQUIPMENT was returned to Client with NO CHARGES being laid.

Sexual Assault – NOT GUILTY After Trial

R. v. JJA (2014 B.C. Provincial Court)

Client accused of sexually assaulting a woman in her own home after returning there from a night out of heavy drinking.  Client steadfastly denied any sexual assault, including during an interview with police upon his arrest.  After more than a week of trial, in which Vancouver Criminal Defence Lawyer Emmet J. Duncan cross-examined nine witnesses including a DNA scientist, and after leading evidence from his client as well as one other party-goer that the Crown had declined to call as a witness, the trial judge found that the Crown’s evidence was simply not reliable and that the Client was NOT GUILTY.  The case raised a number of important legal issues, including the importance and impact of the woman’s clinical therapeutic records and the effect on her evidence of certain therapies she had undergone.  Client a prominent businessperson in the community with significant cross-border business interests.  The result of this trial means that the Court has declared his innocence and he will have NO CRIMINAL RECORD.


Return of Property & Sexual Assault Investigation

R. v. C.B. (2013 Investigation)

Police raided Client’s home and seized multiple items during a search warrant execution investigating some occupants for sexual assault.  Among the items seized were important computer components.  Client retained Vancouver Criminal Lawyer Emmet J. Duncan to negotiate the return of items as well as classification of Client as a non-suspect / target.  Mr. Duncan negotiated with police sexual assault detectives and secured the release of the most important items and a commitment to release the balance in short order.  Mr. Duncan also advised Client in his dealings with police so that Client officially classified as a non-suspect in the sexual assault investigation.

Internet Luring – No Jail

R. v. S.H. (2013 B.C. Provincial Court)

Client admitted to police and to the Court that he had been engaged in sexualized “chats” with a person who turned out to be an undercover police officer “posing” as a 13-year old girl.  On sentencing, Vancouver Criminal Lawyer Emmet J. Duncan persuaded the Court that jail was not necessary and would be counter-productive to the Client’s future rehabilitation.  Client received no jail.

Sexual Assault – No Criminal Record

R. v. M.M. (2013 B.C. Provincial Court)

Client met complainant after a night of drinking.  The two shared a cab and after they got out of the cab the complainant alleged a serious sexual assault.  Client vehemently denied any sexual assault, but admitted to trying to kiss the complainant after misinterpreting their interaction.  Client plead not guilty to sexual assault, but guilty to a simple assault.  Crown sought probation but a criminal record. Vancouver Criminal Lawyer Emmet J. Duncan persuaded the Court that, due to the Client’s efforts at turning around his behaviour (particularly relating to drinking), a criminal record was unnecessary and could be devastating.  The Court imposed no jail and no criminal record on the Client.

Sexual Assault Charges Dismissed at Trial

R. v. K.G. (2013 B.C. Supreme Court)

Client alleged to have molested his very young daughter while on a foreign cruise ship.  The principal witness against Client was his wife, who had just begun preparations for separation.  After an 8 day trial, during which Vancouver Criminal Defence Lawyer Emmet J. Duncan vigorously cross-examined the spouse, the Supreme Court Judge decided that it would be “dangerous” to convict on her evidence and found Client not guilty.  Client received no jail and no criminal record.

Sexual Assault Allegation – NO CHARGES

R. v. B.C. (2013 Investigation)

Client, a professional visiting Canada from another country, was involved in a sexual encounter in a well-known bar in a resort in British Columbia.  The other participant alleged that the encounter was non-consensual, and the local police aggressively sought to arrest and / or interview Client, including interviewing Client in the foreign jurisdiction.  Even the simple approval of charges would have had potentially devastating consequences for the Client, professionally.  Vancouver Criminal Lawyer Emmet J. Duncan had extensive discussions with police at all levels and then discussions with Crown counsel.  Ultimately, the Crown determined that the evidence did not justify the approval of charges, and Client was cleared.  No jail and no criminal record.

Child Sexual Assault Charges – Client ACQUITTED

R. v. C.L. (2012 B.C. Provincial Court)

Client charged with serious offences including sexual assault, sexual touching, confinement and sexual assault with a weapon after a neighbour’s seven year-old child accused Client of repeated, violent, intrusive physical beatings and sexual assaults, including the use of items to prevent the child from crying for help.  After a three week trial during which Vancouver Criminal Defence Lawyer Emmet J. Duncan cross-examined the child complainant, her mother, her sister and numerous police witnesses, and during which he presented his Client’s defence through multiple defence witnesses, including the Client, the Judge found Client NOT GUILTY of ALL charges.  Client’s name cleared, and Client received no jail and no criminal record.

Sexual Assault Charges in Quebec – NO ARREST then CHARGES DROPPED

R. v. M.C. (2008)

After Montreal police demanded M.C. travel from Vancouver to Montreal to turn himself in on an allegation of sexual assault, Mr. Duncan successfully negotiated with Crown Counsel in Montreal to obtain bail WITHOUT BEING ARRESTED and with MINIMAL CONDITIONS.  Mr. Duncan also persuaded Montreal Prosecutors to assess whether the case was strong enough to go ahead, and they subsequently DROPPED ALL CHARGES

Sexual Assault & Sexual Interference – CHARGES DROPPED

R. v. R.B. (2009 BC Provincial Court)

Client Charged with Sexual Interference and Sexual Assault of 12-year-old daughter.  Client steadfastly maintained his innocence and denied the charges.  Crown DROPS CHARGES on the morning of trial.  NO CRIMINAL RECORD