Sexual Offences, Violent Offences, Weapons & Firearms
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.
Aggravated Assault Charges Dismissed at Preliminary Inquiry
R. v. A.M. (2013 B.C. Provincial Court)
Client charged in a high profile investigation with lighting another man on fire. Client maintained his innocence throughout, including in a formal police interview setting. At the Preliminary Inquiry, Vancouver Criminal Lawyer Emmet J. Duncan cross-examined all of the Crown’s principal witnesses, and even though the standard for the Crown to succeed in (or “win”) a preliminary inquiry is very low, Mr. Duncan succeeded in having Client discharged. As a result, the Client was not required to stand trial, and the Court found that the evidence was insufficient to justify proceeding any further. For the Client, the result means 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.
Dangerous Home Break In Charges Dropped for a Plea to Mischief
R. v. S.S. (2013 B.C. Provincial Court)
Client broke into a house nearby a hospital where Client had been admitted. Client was afraid for his life, but the homeowner mistook Client for someone who wished to rob him. Client was severely beaten by the homeowner and hospitalized, then charged with breaking and entering with intent to commit indictable offence. Vancouver Criminal Lawyer Emmet J. Duncan obtained a preliminary expert opinion regarding Client’s mental state at the time of the offence, and then convinced Prosecutor that the Crown had no substantial likelihood of obtaining a conviction for breaking and entering (also known as “B & E” or “B and E”). Client plead guilty to mischief by breaking the homeowner’s window, and was released that day.
Gun Charges – NO JAIL
R. v. T.J. (2013 B.C. Provincial Court)
Client was reported to police for firing numerous guns inside his residence, including doing so while his infant was asleep in the next room. At least one of the bullets went through an exterior wall of the house and hit the wall of an adjacent residence. Client was suffering from serious emotional issues as well as a serious drug addiction at the time. Client plead guilty and with the assistance of Vancouver Criminal Lawyer Emmet J. Duncan was able to avoid jail altogether.
Gun Charges Dropped
R. v. G.D. (2013 Investigation)
Client’s vehicle was stopped by local police and Client and passenger were removed at gunpoint. Police searched the vehicle and located a loaded handgun hidden under one of the seats. Client and passenger were arrested for possession of a loaded, restricted firearm. When the Crown proceeds on such a charge by indictment, there is a three year mandatory minimum sentence. In discussions with the police, it became clear the police recognized there were serious issues regarding the lawfulness of the search, as well as whether the Crown would ever be able to proved that Client was aware of the fact that the gun was even in the car. As a result, the charges were dropped and the Client was cleared.
Multiple Weapons and Threats Charges Dropped
R. v. J.G. (2012 B.C. Provincial Court)
Client was involved in a verbal dispute with some strangers shortly after the Stanley Cup riots. The strangers alleged that Client threatened them and pulled out a knife. Client was later arrested and was found in possession of a concealed weapon. Client had no criminal record and was a longtime resident on a Permanent Residency card. Vancouver Criminal Lawyer Emmet J. Duncan successfully persuaded Crown counsel to drop the charges. Matter concluded with no jail and no criminal record.
Assault Allegation – NO CHARGES
R. v. M.R. (2012 Investigation)
Client experimented with marijuana for the first time and had an extremely adverse reaction, during which he went into serious physical distress, and then assaulted three paramedics who were attempting to assist him. Vancouver Criminal Lawyer Emmet J. Duncan obtained a preliminary psychiatric opinion as to the Client’s state of mind and likely causes of the behaviour, following which he successfully persuaded Crown counsel to not lay charges. Client was in Canada on a working visa, according to which criminal record could lead to removal from Canada. Client received 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.