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My Cases — Dismissals
There are many ways your case might be dismissed. You might testify and
raise a reasonable doubt, the Crown might fail to prove its case, or there
might be a technical defect in the charge. Even before your trial starts,
your case could be dismissed for excessive delay.
In this section, I try to give you a sense of the variety of ways in
which your case might be dismissed. "Dismissals" here include
any judicial order terminating the case. Read the cases below to learn
more. All information has been edited, of course, to protect my clients'
privacy.
Adam's Case - Sexual Assault - horsing
around in pictures
Alex's Case - Over
80 - mistaken breathalyzer readings
Archie's Case - Over 80- no evidence
of breath demand
Austin's Case - Assault (domestic)
- accused and wife not credible
Barry's Case - Point Firearm and
Assault - landlord and tenant
Carrie's Case - Assault & Fail
to Appear - schoolyard scuffle
Chester's Case - Careless Driving &
Insurance Offences - appealed
Daniel's Case - Impaired Driving
and Over 80 - excessive delay
Dean's Case - Assault and Weapons
(domestic) - who to believe?
Earl's Case - Over 80 - improper
delay in taking breath samples
Edward's Case - Sexual Interference
- abuse likely, but not proved
Eric's Case - Assault (domestic) -
reasonable force to enter car
Evan's Case - Assault and Threat (domestic)
- allowed to retrieve rifles
Giselle's Case - Refuse Breath
Sample - excessive delay
Greg's Case - Assault and
Mischief - I'm allowed in my own house
Hairun's Case - Indecent Act - charge
declared a nullity
Jaffe's Case - Sexual Interference
- innocent touching at church
Jennifer's Case - Assault (domestic)
- no proof of service
Joseph's Case - Assault & Threat
- poisonous atmosphere at wedding
Kevin's Case - Assault and Threat
(domestic) - not quite awake
Nigel's Case - Indecent Act - sexual
shenanigans at the park
Nasma's Case- Over 80 - key
witness not available to testify at trial
Rick's Case - Sexual Interference
- touching during sleepover
Roland's Case - Possess Child Pornography
- excessive delay
Rupert's Case - Assault
(neighbour) - no evidence of location
Seth's Case- Impaired Driving
& Over 80 - change in reasons for arrest
Sherrys Case - Cause Disturbance
- charge dismissed at trial and on appeal
Silvio's Case - Assault
and Weapons - knife used in self-defence
Suzy's Case - Immigration Offence
- expired limitation period
Tommy's Case - Attempted Theft -
no attempt to steal "gym bag"
Trevor's Case - Assault (domestic)
- Crown forgot to prove identification
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