Every Defence Case Review

A selection of legal cases, both ours and other attorneys’, demonstrating the successful use of defences against criminal charges.

With over 25 years experience, Norm and Marcus have successfully defended hundreds of fraud cases.  Accomplished trial lawyers, Marcus and Norm will carefully assess your case and argue for every defence available to you, including defences under the Canadian Charter of Rights and Freedoms.

Defence Lawyers Consulting Toronto
Air of RealityProvocationSECOND DEGREE MURDER

R v BARRETT 2022

Anyone charged with a criminal offence has the right to pursue Every Defence including the defence of Provocation. An Accused may advance the defence that they committed the offence alleged as the result of an act so provocative that it had the effect of depriving the Accused of the ability to control their behaviour. This means that the offence was committed involuntarily rather than intentionally. In this case, the Accused was charged with Second-Degree Murder. …

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Air of RealityAir of RealityDuressTrafficking Drugs

R v NORMAN, 2021 ONCA 321 – Duress defence against drug trafficking charges

Every Accused may advance the defence that they committed the offence alleged under Duress. This means that the offence was committed involuntarily rather than intentionally. In this case, the Accused was charged with Trafficking and Breach of Probation for smuggling drugs into the Central East Correctional Centre in Lindsay, Ontario. At trial, the Accused argued that he was forced into committing the offence because of threats made against him and his brother by “Big Newf”. …

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Alibi

R v BUSHIRI

Every Accused charged with an offence may put forward the defence that they were not present at the time and place the crime is alleged to have occurred. Alibi is Latin for elsewhere. The alibi defence does not need to be disclosed at the time of arrest but the details of the alibi must be provided to the prosecution with enough time for them to investigate prior to trial. If an Accused fails to give …

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Aggravated AssaultAir of RealityDefence of OthersPossession of Weapon for Dangerous Purpose

R v PAUL

Every Accused charged with an offence may present evidence that the offence was committed in self-defence and/or the defence of others. Persons who themselves are the target of violence or the threat of violence may use reasonable force to defend themselves. Likewise, a person may use reasonable force in the defence of another party. In this case, a fight ensued wherein the complainant was armed with a machete and a knife while the Accused wielded …

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Air of RealityAlternate Suspect - Third Party SuspectCircumstantial EvidenceDirect Evidence

R v HUDSON – Alternate Suspect – Third Party Suspect

Every Accused charged with an offence may present evidence in their defence that another person committed that offence instead of them. An alternative suspect would be a co-accused or someone who is already involved in the case. Third-party suspects are people who have not come to the attention of the police, Crown Attorney or court. The evidence offered may be direct, circumstantial or a combination of both. Direct evidence might be that the Accused observed …

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Impaired DrivingNecessityNew TrialRight to Remain Silent

R. v G. – Defence of Necessity

The Accused was charged with drinking and driving as well as aggravated assault and property damage. At trial, the Accused testified that she drove the vehicle while intoxicated out of necessity. That is, in order to escape circumstances in which she feared for her safety. The Crown Attorney’s questioning of the Accused at trial about why she did not tell the arresting officers about the necessity conflicted with the Accused’s right to silence. A new …

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Charges DismissedFail to Remain at the Scene of an AccidentIdentificationImpaired Driving

R. v. C.C – Identification of offender not proven

Our client was charged with Fail to Remain at the Scene of an Accident, Impaired Driving and Refuse Breath Sample. The police received several calls regarding a car that had driven onto the sidewalk and crashed into a utility pole and fire hydrant. The driver ran away from the vehicle and fled through an alleyway. Police searched the area and observed our client, who fit the description of the man witnesses had seen running from …

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AssaultAssault Bodily HarmCharges WithdrawnIdentification

R. v. C.M – Identification of offender not proven

Our client was charged with Assault Cause Bodily Harm and Assault in relation to a bar fight in which one of the victims was seriously injured as a result of being hit in the head with a beer bottle. We were able to convince the Crown Attorney that considering the commotion inside the bar at the time, the number of people involved in the fight, the poor lighting inside the bar and the fact that …

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Charges DismissedDangerous DrivingFlight from PoliceIdentification

R. v. M.N. – Identification of offender not proven

Our client was charged with Flight from Police and Dangerous Driving. He was accused of going close to 200 km/hr on a motorcycle and, when the police tried to pull him over, fleeing at an even higher rate of speed and evading the police officer who was in pursuit. The police officer noted the licence plate number but was unable to identify the rider. At trial, the Crown Attorney had to rely entirely on circumstantial …

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