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Select Criminal Defence Successes

Books of Canadian Criminal CasesIn his years of practice, Brian Weingarten has gained invaluable experience and insight into the trial and appellate process. Below is just a sampling of some of his many successes defending his clients across the province. Due to Brian’s advocacy, many clients have had their charges withdrawn well before a scheduled trial.

It is important to note that every criminal case is unique and poses its own challenges. Past acquittals, withdrawals, or other favourable results achieved for our clients does not mean the same result can be obtained for present or future clients. Brian looks at the unique characteristics of each case and devises an approach tailored to each client’s interests.

R. v. G.B. (Sexual Assault) Acquitted of all charges after trial

Summary: Client was charged with three counts of sexual assault. At the conclusion of a multi-day trial, and after Brian’s thorough cross-examination of the complainant, the client was found not guilty on all counts.

R. v. T.B.H. – (Assault with a Weapon) All charges withdrawn after proving alibi

Summary: Client was charged with 6 offences including: Assault with a weapon, Assault x2, threatening death x2, possession of a weapon for a dangerous purpose. It was alleged that the client held their partner hostage in her apartment throughout an evening and repeatedly assaulted them. Brian’s client denied all of the charges, and further denied that they had been at the apartment on the evening in question. Brian conducted his own investigation, and was able to secure video surveillance footage proving that his client was elsewhere during the alleged incident. After conclusively proving alibi, the Crown withdrew all of the charges.

R. v. M.B. – (Mischief Endangering Life) All charges stayed by the Crown

Summary: Client was charged with five counts of mischief endangering life. It was alleged that heavy objects were thrown from a significant height just missing people below. A criminal record could have significantly impacted the client’s future. Brian thoroughly reviewed the crime scene photos, witness statements, and consulted with a forensic engineer with an aim to establishing that the incident could not have occurred in the manner alleged by police. Brian’s own investigation and advocacy resulted in the Crown agreeing to stay all of the charges

R. v. L.A.N. – (Drug Possession for the Purpose of Trafficking) All charges withdrawn

Summary: Client was stopped by police in a parking lot and charged with possession for the purpose of trafficking a large quantity of marijuana. Brian’s review of the disclosure revealed potential Charter breaches. After intensive discussions with the Crown and a judicial pre-trial, the Crown agreed to withdraw the charges.

R. v. B.C. – (Child Pornography) Acquitted of all charges at trial

Summary: Client was charged with two counts of possessing child pornography. Brian secured the assistance of a computer forensic expert who assisted Brian to prepare to cross-examine the Crown’s expert during a multi-day trial. The defence’s expert testified at trial. At the conclusion of the defence’s case, the Crown invited the Judge to acquit the client of all charges.

R. v. A.P. – (Assault Resist Arrest) All charges withdrawn just prior to trial

Summary: Client was charged with assaulting a police officer with intent to resist arrest, and failing to comply with bail. It was alleged that police were assaulted while attempting to arrest the client. The client suffered serious injuries during the arrest. Brian retained a “use of force expert” to prepare a report for the defence. The report concluded that police used excessive force. As a result, the defence began preparing a Charter application arguing a breach of the client’s s. 7 Charter rights. For strategic reasons, Brian shared the defence expert’s report with the Crown ahead of time. With the trial date approaching, the Crown agreed to withdraw all of the charges.

R. v. T.K. – (Impaired Driving) All charges withdrawn after establishing Charter breaches

Summary: Client charged with impaired operation of a motor vehicle and driving over “80”. If convicted, the client would have faced a lengthy license suspension and the prospect of jail. Brian’s thorough review of the disclosure materials revealed clear breaches of the client’s right to counsel under s. 10(b) of the Charter. After consultations with his client, Brian rejected the Crown’s plea bargain offers and prepared to set the matter for trial and litigate the alleged Charter breaches. As a result of Brian’s persistence, the Crown eventually agreed that the Charter breaches were insurmountable and withdrew all of the charges.

R. v. K.C. – (Child Pornography) All charges stayed by the Crown prior to trial

Summary: Client was charged with accessing and possessing child pornography. Brian retained a computer forensic expert and a computer scientist to mount a Charter challenge to the issuance of the search warrant. Brian filed the defence’s expert report, brought a motion for further material disclosure, and simultaneously filed an application under s. 11(b) of the Charter alleging a breach of his client’s right to a trial within a reasonable time. As a result of Brian’s advocacy, and with a trial date approaching, the Crown reviewed the defence’s material and agreed to stay all of the charges.

R. v. J.S. – (Historic Sexual Assault) Charge withdrawn after preliminary inquiry

Summary: Client was charged with a historic sexual assault, three unrelated common assaults, various counts of failing to comply with probation, and criminal harassment. Brian extensively cross-examined the complainant at the preliminary inquiry. Brian was able to establish problems with the Crown’s case concerning the sexual assault count. As a result, the Crown withdrew the historic sexual assault charge. The client pleaded guilty to two unrelated common assault charges and was sentenced to time served. All other charges were withdrawn by the Crown.

R. v. G.H. – (Aggravated Assault) All charges withdrawn by the Crown

Summary: Client was charged with a serious aggravated assault. After multiple discussions with the Crown, Brian’s advocacy was able to demonstrate flaws in the Crowns’ case. The Crown agreed that they no longer had any reasonable prospect of conviction. All charges were withdrawn by the Crown.

R. v. O.H. – (Refuse Breath Sample) Charge withdrawn by the Crown

Summary: Client was arrested under the suspicion of driving while impaired by alcohol. At the police station, the client was unable to provide the required breath samples. Police charged the client with refusing to provide a breath sample. Brian was able to obtain medical evidence demonstrating that the client could not provide the required samples through no fault of their own. Brian was also able to convince the Crown that the client did not intend to refuse to provide a breath sample. The Crown agreed with the defence’s assessment of the case and withdrew the charge prior to setting a trial.

R. v. E.J. – (Aggravated Assault) Conditional discharge, no criminal conviction

Summary: Client was charged with a serious aggravated assault stemming from a stabbing. A thorough review of the disclosure materials revealed evidentiary difficulties for the Crown. The Crown also agreed with Brian’s assessment that the client’s statement to police was likely not voluntary and would likely be excluded at trial. As a result of Brian’s advocacy and intensive discussions with the Crown, it was agreed that the client would plead guilty to the lesser charge of assault with a weapon. The client was sentenced to a conditional discharge, and avoided a criminal conviction.