telephone: 604.488.1513
email:   |  telephone: 604.488.1513

Recent Cases

Weapons & Firearms

  Home » Weapons & Firearms

Weapons & Firearms

Robbery Spree – NO JAIL

R. v. L.A. (2014 B.C. Provincial Court)

Client was the “wheel man” on a spree of four daylight robberies of pharmacies in which thousands of dollars of prescription drug medications and cash were stolen by a masked man.  Despite recent changes to the Criminal Code that require jail in almost all cases of this sort, Vancouver Criminal Defence Lawyer Emmet J. Duncan persuaded the Court that the Client had acted out of character and had substantially rehabilitated himself since the incidents.  As a result, the Court permitted the Client to serve his sentence OUT OF CUSTODY under house arrest so that the Client spends NO TIME in jail.

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.

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.

Resist Arrest & Unlawfully in Dwelling House – NO JAIL TIME

R. v. D.B. (2008)

Despite a lengthy criminal record that included long periods of jail time and offences committed while on probation, Court accepts defence submission that a fine is the appropriate sentence – NO JAIL TIME

Assault with a Weapons – CHARGES DROPPED

R. v. A.S. (2009)

Crown agrees to DROP CHARGE of assault with a weapon (pepper spray) after agreeing with defence submission that Client acted in SELF-DEFENCE

Charges of Assaulting a Police Officer With Intent to Resist Arrest DROPPED

R. v. K.A. (2010 BCPC)

Client charged with Mischief and Assaulting a Police Officer with Intent to Resist Arrest after allegedly being involved in a “road rage” incident.  Vancouver Criminal Defense Lawyer Emmet J. Duncan successfully persuaded the Crown that there was NO likelihood of a conviction for Assaulting a Police Officer with Intent to Resist Arrest and the Crown agreed to DROP the charge.  Client plead guilty to mischief and received an ABSOLUTE DISCHARGE meaning that Client receives NO CRIMINAL RECORD as a result of the matter.

Assault With a Weapon; Possession of Dangerous Weapon; Uttering Threats – Charges DROPPED – NO CRIMINAL RECORD

R. v. V.B. (BC Provincial Court 2010)

Client charged with Assault with a Weapon, Possessing a Weapon for a Purpose Dangerous to the Public Peace and Mischief.  It was alleged that he wielded a knife during an argument with his girlfriend and cut her in the process.  On the morning of trial, Vancouver Criminal Defense Lawyer Emmet J. Duncan persuaded the Crown to DROP ALL CHARGES.  Client receives NO JAIL TIME, NO CRIMINAL RECORD and is NO LONGER BOUND BY BAIL CONDITIONS.

Assault, B&E and Stolen Property – NO CHARGES

R. v. S.C. (2010 BC Provincial Court)

Clients arrested on allegations that they broke and entered a person’s residence and committed an assault, in connection with an ongoing dispute.  Before the first appearance, clients retained Vancouver Criminal Defense Lawyer Emmet J. Duncan to assist them with their matters.  After the Crown reviewed the underlying allegations and determined that the issues were more appropriately addressed in the Civil Courts, Crown decided to lay NO CHARGES.  Clients receive NO CRIMINAL RECORD, NO JAIL TIME and ALL bail conditions are CANCELLED.

Assault – Charges DROPPED

R. v. L.B. (2010 BC Provincial Court)

Client, a proprietor of a local business, became involved in a physical confrontation with a younger person who had been harassing the business.  When the other individual called police after the confrontation, Client was arrested and charged with ASSAULT.  Vancouver Criminal Defense Lawyer Emmet J. Duncan persuaded Crown Counsel to take into account that the Client had a very long and exemplary record of contribution to the community and had NO CRIMINAL RECORD.  Crown Counsel also agreed to take into account the provocative behaviour of the other person, not only on this occasion, but in the past.  Crown agreed to DIVERSION of the matter to ALTERNATIVE MEASURES so that Client can maintain NO CRIMINAL RECORD.  After Client successfully completed the diversion program, the Crown DROPPED THE CHARGE and Client has NO CRIMINAL RECORD.