Cornwall Ontario Criminal Lawyer Ian Paul
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Previous Cases

The following are some examples of some previous cases that proceeded to trials before the Ontario Court of Justice or the Superior Court in Cornwall:

R. v. L.D. March 1999 Superior Court. Client accused of setting fire near door of residence of former spouse. Client acquitted of arson after trial.

R. v. D.A. April 2000 Ontario Court of Justice. Charges of harassment and intimidation, relating to a union dispute, were dismissed after a trial.

R. v. F.E. May 2000 Ontario Court of Justice. The client was accused of uttering a threat while on a picket line during a strike. The client was found not guilty after a trial.

R. v. T.B. December 2000 Superior Court. Aggravated Assault charges stayed after commencement of trial in which the main Crown witness appeared to be unreliable and after the statement of the client to the police was excluded from evidence as a result of the ruling of the Court that the right to counsel of the client has been violated.

R. v. A.D. January 2001 Ontario Court of Justice. Client found not guilty of assault with a weapon (pellet gun).

R. v. A.H. April 2001 Ontario Court of Justice. The client was accused of a break and enter. His residence was searched and incriminating evidence was located. The police relied upon the verbal consent of the client to search the residence. At trial the Court found that the consent was not a valid informed consent and the evidence was excluded as a violation of the right to be free of unreasonable search and seizure pursuant to the Charter of Rights and Freedoms. The charges were dismissed.

R. v. L.T. August 2001 Superior Court. The client was found not guilty of sexual offences against a minor. The finding was based upon inconsistencies in the complainant's statements and evidence. The client did not testify at the trial.

R. v. S.B. March 2002 Ontario Court of Justice. Client found not guilty of assault with a weapon.

R. v. S.S. September 2002 Client found not guilty of allegations of sexual touching two minors. The Court accepted the evidence of the client and rejected the evidence o the complainants due to contradictions raised in cross-examination.

R. v. R.S. September 2002 Ontario Court of Justice. Client was charged with possession for the purpose of trafficking. A motion to exclude the evidence was brought based upon an issue of illegal search and seizure. During the motion it came out that the officer's notes did not appear to match the physical exhibits of money seized. The prosecutor stayed the possession for the purpose of trafficking charges in the middle of the trial and the accused plead guilty to a weapons offence.

R. v. C.S. September 2002. The client was acquitted of assaulting police officers who were trying to take him to receive medical treatment for an injury. The Court found that he had the right to refuse and resist medical treatment.

R. v. D.H. October 2002 Superior Court. The client was charged with sexual offences involving a minor. The client testified and a number of witnesses were produced to contradict the complainant's evidence. The contradictions in the complainants evidence were pointed out including the contradictions in the statements and evidence. The Court commented that the allegation appeared to be preposterous and acquitted the client.

R. v. G.M. November 2002 Ontario Court of Justice. Impaired Driving charges stayed due to a violation of the right to be tried within a reasonable period of time under the Charter of Rights and Freedoms.

R. v. L.A. December 2002 Ontario Court of Justice. Sexual assault charges dismissed after trial. Complainant's evidence was determined to be unreliable after the cross-examination of the complainant.

R v. T.L. January 2003 Ontario court of Justice. Impaired driving charges stayed pursuant to the Charter of rights and Freedoms on the basis that the arresting officer lacked reasonable and probable grounds to make a demand for a breathalyzer sample.

R. v. K.O. March 2003 Superior Court. the client's conviction for uttering a threat was successfully appealed on the basis that there was no evidence identifying the voice of the client in relation to an alleged telephone threat.

R. v. R.F. April 2003 Superior Court. Fraud charges stayed due to a violation of the right of the accused to be tried within a reasonable period of time The client had moved from the Cornwall area and was not apprehended on an arrest warrant until years later. Some of the relevant bank records had been destroyed by the bank by the time her was arrested and as a result the delay was argued to have caused prejudice to the client.

R. v. U.A. April 2003 Ontario Court of Justice. The client was found not guilty of sexual assault charges involving multiple complainants. The findings of the Court were based upon flaws in the identification procedures and evidence and upon the evidence of the accused.

R. v. S.M. May 2003 Client found not guilty of domestic assault.

R. v. D.L. June 2003 Superior Court. The client was accused of sexual offences involving a minor. an application was successfully brought to obtain counselling records of the complainant. The defence showed contradictions in the statements and evidence relating to the complainant. The client did not testify and the charges were dismissed at the trial.

R. v. H.B. September 2003 Superior court. Sexual Assault charges stayed after the trial commenced and the complainant testified. The client entered a recognizance with conditions for one year.

R. v. March 2004 Ontario Court of Justice. The client was accused of cultivating marijuana. The Court found that the client was merely present near the marijuana but was not proven to have been involved in the cultivation. The charges were dismissed at the trial.

R. v. J.B. April 2004 Ontario Court of Justice. Trial of sexual assault charges in which client found not guilty. The charge was stayed upon the Court finding that the accused was arbitrarily detained contrary to the Charter of Rights and Freedoms.

R. v. J.H. April 2004 Ontario Court of Justice. The client was charged with having assaulted a minor at a school. The incident was viewed by a teacher who was a prosecution witness. The Court found a reasonable doubt and acquitted the client.

R. v. M.L. February 2005 Ontario Court of Justice. The client was found not guilty of a sexual assault allegation involving a minor. The acquittal was based upon the evidence of the client at the trial.

R. v. F.C. August 2005 Ontario Court of Justice. Client accused of consuming alcohol contrary to a court order. The charges were stayed pursuant to the Charter of Rights and Freedoms. The Court found that the police had arbitrarily detained the client while he was walking in an public area.

R. v. N.C. November 2005 Ontario Court of Justice. Client found not guilty, after trial, of offence of assault causing bodily harm.

R. v. K.D. November 2005 Ontario Court of Justice. The client was acquitted at the trial in relation to charges of uttering threats.

R v. D.B. December 2005 Superior Court Judge and Jury. The client was found not guilty of an alleged spousal assault and break after a trial before a jury.

R. v. B.Q. March 2005 Ontario Court of Justice. Client found not guilty of aggravated assault after trial.

R. v. M.A. March 2006 Ontario Court of Justice. The client was found not guilty of indecent exposure. The Court found that there was a reasonable doubt as to whether the client exposed himself while driving a motor vehicle on the 401.

R. v. P.G. June 2006 Ontario Court of Justice. The client was accused of an assault causing bodily harm involving his spouse. The charge was dismissed after a trial.

R. v. B.B. April 2007 Ontario Court of Justice. Property offences were dismissed by the Court due to an illegal entry into a residence and violation of the right to be secure against unreasonable search and seizure pursuant to the Charter of Rights and Freedoms.

R. v. T.P. June 2007 Superior Court. The client was accused of a sexual assault against their spouse. The Court found a reasonable doubt based upon the difficulties with the complainant's evidence including various contradictions brought out in cross-examination of the complainant.

R. v. S.P. October 2007 Ontario Court of Justice. Client accused of dangerous driving due to manner of driving on street an a collision with another vehicle that was in the client' driveway. The charges were dismissed.

Cornwall Public Inquiry September 2007 to February 2009. Acted as one of the counsel for a public interest group a the Cornwall Public inquiry. See examples of cross-examinations of witnesses at http://www.attorneygeneral.jus.gov.on.ca/inquiries/cornwall/en/hearings/transcripts/Jun-12-08/cornwall243jun1208pdf and at http://www.attorneygeneral.jus.on.ca/inquiries/cornwall/en/hearings/transcripts/Aug-28-08/cornwall271aug2808pdf

R. v. D.P March 2008 Ontario Court of Justice. Client acquitted of assault charge relating to a fight outside a bar; the client raised the defence of self-defence.

R. v. T.W. 2008 Superior Court. The client was accused of the offences of assault, uttering threats assault with a weapon, mischief and harassment. The allegations were made by the client's spouse. In finding the client not guilty the court indicated that it had concerns with the prosecution witnesses and it appeared that they had colluded with each other

R. v. A.M. April 2008 Ontario Court of Justice. The client was acquitted of sexual assault; his evidence at trial raised a reasonable doubt about the allegations.

R. v. A.B. July 2008 Ontario Court of Justice. Trial of Sexual Assault charges. Client was a tenant who complained to police about conduct of the landlords. He was then accused of sexual assault by a relative of the landlords. The client was found not guilty.

R. v. B.T. December 2009 Superior Court. The client was found not guilty of flight from the police and dangerous driving. The arresting officer claimed that he saw the client in the vehicle but the Court found that there was insufficient evidence of identification of the client. The client did not testify.

R. v. C.G. September 10 Superior Court. Client charged with sexual offences involving a minor. The client was found not guilty after a trial before the Superior Court.

R. v. A.B. November 2010 Ontario Court of Justice. Client charged with offence of assault with a weapon (knife). The prosecution did not proceed with this charge after the prosecution witnesses were cross-examined in Court by counsel and counsel for a co-accused.

R. v. A.V. March 2011Superior Court. Client charged with being in possession of a large amount of counterfeit money in a vehicle he was driving on Highway 401. It was successfully argued that the evidence should be excluded due to violations of the rights of the accused to be free from unreasonable search and seizure and their right to counsel. It was found that the alleged consent of the client was not a valid consent, and that there were delays in providing rights to counsel, and that the client should have been advised of all of the likely charges when he was given rights to counsel. The evidence of counterfeit money was excluded and the charges were dismissed.

R. v. D.D. March 2011 Ontario Court of Justice. Trial conducted to defend client of allegation of assaulting their spouse. Client found not guilty.

R. v. A.E. May 2011 Ontario Court of Justice. Impaired driving charges dismissed on the basis that the client was not in care or control of the motor vehicle.

R. v. C.B. September 2011 Ontario Court of Justice. Charges of assault and assault with a weapon, involving a spouse, were dismissed at trial.

R. v. K.L. February 2012 domestic assault charges dismissed at the client's trial.

R. v. G.J. December 11, 2012, Superior Court. The accused faced sexual assault allegations from two complainants. The Court dismissed one allegation based on the cross-examination of the complainant. The accused was convicted of the second complainant’s allegation after the court ruled that a taped inculpatory statement was ruled to be admissible.

R. v. D.L. June 28, 2013, Ontario Court of Justice. The accused was acquitted of dangerous driving and convicted of only resisting police. The Court found that the evidence initially might have amounted to dangerous driving but after the cross-examination the evidence of the officer was considerably weakened. The cross-examination pointed out that the officer was unclear on the speed of the vehicle, pedestrians were present, and to what extent other vehicles were affected.

R. v. V. M. October 15, 2013, Superior Court. The accused was charged with trafficking cocaine. The evidence of the prosecution relied almost solely upon the testimony of an undercover police agent/informant. The cross-examination revealed inconsistencies in the agent’s evidence, a criminal background and lifestyle, and a financial compensation and favourable disposition of his own criminal matters. The agent claimed that he had changed and was an honest person at the time of his undercover police work. The cross-examination revealed that he in fact continued to be involved in drug activity and other questionable activity after he had allegedly made the undercover transaction with the accused. As a result of the cross-examination the court found that the police informant was “at the lowest rung of the credibility ladder”. The charges were dismissed.

R. v. V.A. January 29, 2014, Superior Court. (2014 ONSC 570 Canlii) The accused was acquitted of kidnapping allegations. The accused was alleged to have, together with the complainant’s family members, forcibly removed the complainant from outside her boyfriend’s residence in Cornwall in order that she could be taken back to the Toronto area. The cross-examinations on behalf of all of the parties assisted in establishing that the allegations were not credible and the charges were dismissed.

R. v. M.M. April 14, 2014, Ontario Court of Justice. The accused was acquitted of assault causing bodily harm after the complainant indicated 52 times, in testimony in court, that he could not remember parts of the events.

 

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