Frank & Joe's Case — Theft & Possession — Withdrawn

Clients:  Frank and Joe, Accuseds
Complainant:  Toronto Police Service, 14 Division
Charges:  Possession of Stolen Property Under $5000 and Theft Under $5000

Background:  Frank and Joe are father and son. They operated a discount store on Quiche Street West. The police alleged that they hired three men to steal Tylenol pills from Wal-Mart for re-sale in their discount store. Frank and Joe were charged with theft and possession of stolen property. They denied the allegations.

READ THE POLICE REPORT

Goals:  Both Frank and Joe were determined to beat the charges.

Strategy:  The Crown refused to withdraw the charge. We scheduled the trial. We prepared for battle. Our defence was that the three men were lying, and that Frank and Joe didn't know the goods were stolen. If we could raise a reasonable doubt about whether Frank and Joe knew the goods were stolen, the charges would be dismissed. I also filed written submissions asking the Judge to dismiss the case because of the delay. It took 16 months and 18 days to get to trial. The trial date was our 16th Court appearance. On the morning of the trial, the Officer-in-charge was absent. He had to attend a funeral. He had also canceled the witnesses. The Crown asked the Judge for an adjournment. I opposed the adjournment because of the growing delay and because the Officer-in-charge should not have cancelled the other witnesses.

READ THE WRITTEN SUBMISSIONS RE THE DELAY

Results:  The Judge denied the Crown's request. Having no witnesses, and being forced to proceed, the Crown had no choice but to withdraw the charges.

READ MY SUBMISSIONS AND THE JUDGE'S RULING