Robichaud's Criminal Case Updates
A blog for frequent updates on recent successes and proceedings at the Robichaud's criminal defence law office. Sean Robichaud is a practicing criminal defence lawyer in Toronto and provides weekly updates on his recent successes here.
June 2010
R. v. A.N. (Durham Region): Home Invasion Robbery with a Firearm, etc. Allegations that accused set up friend to be robbed for $12,000.00 with the assistance of co-accused and another individual that was never arrested. Police asserted that accused (AN) had exclusive knowledge of the whereabouts of the money, spoke to, met up with, and SMS texted the co-accused and other accomplice prior to the robbery. Upon arrival, AN entered the premises with other suspects and police alleged feigned being a victim of the robbery. Trial set for 3 weeks with significant motions surrounding the admissibility of phone records and statements. Result: All charges withdrawn for client AN. (Co-accused, whom I did not represent pleads guilty and receives penitentiary sentence).
R. v. P.K. (Barrie): Completion of preliminary hearing for 1st degree homicide. Anticipated case to move to Superior Court after judgment in September 2010.
May 2010
R. v. M.C. & A.E.: Allegations of artists/photographers causing mischief to property by exploring Toronto's sewers. The case was reported on many news channels including: CBC, CP24, 680News, The Toronto Sun, Toronto Star. All charges withdrawn.
R. v. J.Y: (North York, Toronto): Domestic Assault, Threats, etc. Allegations that accused and girlfriend got into a heated argument while driving. Client alleged to have assaulted complainant after she destroyed his vehicle. Injuries sustained to both parties adn photographed by police. Contested trial: Not Guilty.
R. v. A.G (311 Jarvis, Toronto) Youth charged with Assault, Threats, etc. Two seperate allegations. First incident alleged an assault (beating and spitting) on a student in a school yard durign school and then off property on the bus. Second incident alleged a death threat made to a teacher. Second set withdrawn, first set guilty plea and conditional discharge received.
R. v. A.C.: (Toronto, Old City Hall): Possession of Marijuana. All charged withdrawn.
R. v. T.S. (Toronto, Old City Hall) Possession of Cocaine and marijuana for the purpose of trafficking, proceeds of crime. Allegations that police view a suspicious person entering an apartment complex from the rear. Undercover polcie follow individual into stairwell and wait for him to reattend. According to pollice, when suspect appears he is carryign a large amount of marijuana in his hand. Police place individual under arrest and find further drugs and a large amount of money in his possession. Preliminary hearing commenced. At the end of the preliminary hearing, the defence brings a motion to have charges dismissed on the basis that no identification of the accused was made. Motion granted: Client discharged (not guilty) of all charges.
Other activity: Preliminary hearing on a sexual assault; Continued preliminary hearing on a homicide; continued preliminary hearing on another homicide.
http://www.criminallawyerintoronto.ca/
April 2010
R. v. P.L. (Durham Region Provincial Offences Court): Charged with speed racing. Result: Case adjourned because counsel was not permitted to use laptop. Case to be relitigated in August. Made national headlines. Links to stories can be found here: CCCT, National Post, Law Times, Globe and Mail.
R. v. T.K: (Toronto West Courthouse): Allgeations of TK intoxicated at cultural event and arguing with police. Client was charged with assault, assaulting a peace officer, obstructing a peace officer, etc. Result: All charges withdrawn.
R. v. C.T.: (Durham Region, Oshawa): Allegations that client was a witness/accessory to a homicide. CT was charged with this involvement. Result: Granted bail several months prior and charges ultimatley withdrawn in April.
Other activity: Judicial pre-trials on a homicide case in Toronto; Preliminary hearings for sexual assault, firearms offences; Bail review in Superior Court in Brampton for guns and drugs; and, vacation for 1 week.
http://www.criminallawyerintoronto.ca/
March 2010
R. v. A.W. (Ottawa) Charges: Domestic Assault, Domestic Threats, etc. Allegations of a New Year’s incident whereby AW was said to have assaulted his girlfriend after becoming jealous over her interaction with other males that evening. All charges withdrawn.
R. v. O.A. (Toronto, Superior Court of Justice): Charges: Sexual Assault on a minor, sexual exploitation, etc. Allegations: Claim made by 13 year old that when she was between the ages of 3 and 7 a tenant to where he mother was renting would come to her room at night and molest her including full intercourse and touching. Under cross-examination at the preliminary hearing, numerous problems were discovered with her account. At Superior Court Crown Attorney withdrawals all charges.
R. v. R.H. (Toronto): Charges, Attempted Murder, Discharge Firearm with Intent, Unlawful Possession of a Firearm, Possession of a Loaded Firearm, Careless Storage of a Firearm, etc. Allegations: “Oakwood TTC Shooting” suspect caught on high definition video discharging a firearm into a crowded TTC bus after an altercation with one of the individuals aboard. Client pleads guilty and obtains sentence of 9 years minus the time served up to that point. Total sentence of 6.5 years to serve. Media reports can be found here: Toronto Star, Global News, CTV News, National Post, Calgary Herald, CBC News.
R. v. D.R. (York Region) Charges of possession of marijuana, magic mushroom, a bong, etc. Police discover car idling and investigate and allegedly discover client in the car in possession of controlled substances. Result: All charges withdrawn.
R. v. A.K. (York Region) Charges of assault causing bodily harm, assault, etc. Allegations that he and his father get into a physical fight resulting in the father losing a tooth and requiring stitches for a laceration. Result: conditional discharge.
R. v. S.Z. (Toronto, Old City Hall) Charges: Assault bodily harm, assault, etc. Client alleged to have beaten his landlord over a noise dispute. Complainant taken away by paramedics and treated at hospital. All charges stayed after successful motion for and inordinate delay of proceedings pursuant to section 11(b) of the Charter of Rights and Freedoms.
R. v. A.M (Toronto, 2201 Finch Avenue West Courthouse): Robbery, Assault with a Weapon, Assault Causing Bodily Harm, Theft, Possession of Property Obtained by Crime, etc. Client alleged to have been part of street level robberies involving violence resulting in one victim with serious injuries after rock thrown at him. Result: All charges withdrawn (co-accuseds found guilty)
R. v. H.G. (Brampton, Peel Region): Charges: Assault Causing Bodily Harm, Assault With a Weapon, etc. Allegations made towards H.G. that he smacked an individual with a beer bottle over the head at a house party when individuals were refused entry. Result: All charges withdrawn.
February 2010
R. v. K.M. (Durham Region) Domestic assault allegations where accused was said to have threatened his girlfriend and assaulted her. All charges withdrawn.
R. v. A.M. (Toronto) Allegations of assaulting a parking enforcement officer after an argument over payment. All charges withdrawn.
R. v. P.T. (Etobicoke) An individual is stabbed in a parking lot after his car is vandalized. Complainant picks out P.T. in a photo lineup and then in Court and corroborated by his friend who was present. Victim sustains injuries that require hospitalization. P.T. charged with aggravated assault, assault with a weapon, etc. All charges withdrawn at the end of the preliminary hearing.
R. v. J.A. (North York). Domestic allegations involving threats and choking. Client acquitted of all charges (not guilty) after a contested trial.
R. v. S.C. (North York) Domestic assault allegations. An argument starts over drugs and money owed. Police attend and arrest S.C. All charges withdrawn.
www.criminallawyerintoronto.ca
Month of January, 2010
R. v. R.S. (Toronto): Charges: Public Mischief, Indecent Act, etc.: Allegations: Numerous pictures of a nude male were found throughout high traffic public areas in Toronto in envelopes. Warrant was executed at residence with allegations that distinctive items found within the residence linked to distinctive components to the photographs found by members of the public. Result: All charges withdrawn.
R. v. C.S.: (Toronto): Charges: Domestic Assault. Allegations: Woman and boyfriend get into an altercation. Police charges both parties with various offences. Result: All charges withdrawn. Client enters into peace bond and contact restored between parties.
R. v. P.K. (Barrie): Commence first degree murder preliminary hearing. Matter to continue until the end of February.
Month of December, 2009
R. v. P.K.: Judicial pre-trial for 1st degree murder case in Barrie, Ontario. Preliminary hearing to commence January 18, 2010.
R. v. R.Q.-C. (London). Charges: Speed Racing / Stunt Racing. Allegations: Young man alleged to have been 152 in a 100km/h zone. Result: Crown agrees to accept resolution offer of 149 (speed racing charge withdrawn and simple speeding conviction entered for a nominal fine).
R. v. C.T. (Oshawa): Charges: Accessory after the fact to aggravated assault. Allegations: Woman arrested on allegations of assisting a party to a homicide. Result: Bail hearing commenced and client released.
R. v. S.D. (Brampton): Charges: Possession of Cocaine for the Purpose of Trafficking. Allegations: Client is stopped on "traffic investigation" by police in Peel Region. Result: All charges withdrawn after completion of community service hours.
December 20 to January 31: Vacation.
November 16 to 30, 2009
R. v. C.P (Toronto: North York, 1000 Finch Ave.). Charges: Fraud Over $5000.00. Allegations: Employee alleged to have embezzled a significant amount of money from employer (over $50,000) through her signing authority. Result: All charges withdrawn.
R. v. A.W-L. (Oshawa, Youth Court): Charges: Assault With a Weapon, Threatening Death, Unlawful Entry, etc.. Allegations: Youth alleged to have attended girlfriend’s home while another boy is over. Accused was alleged to have lost temper, pulled out a weapon and threatened her with it. Result: Youth is to return in several months after completion of anger management to have charges withdrawn.
R. v. J.W.: (Superior Court of Justice, Kitchener) Charges: 1) Possession of a Loaded Restricted Firearm, 2) Possession of a Weapon (firearm) for a purpose dangerous to the public peace, 3) Transporting Firearm in a Careless Manner, 4) Possession of a Restricted Firearm not while not the holder of a licence to do so, 5) Occupant of a motor vehicle knowing that there was a restricted firearm within, 6) Possession of a Firearm, 7) Knowingly possessing a firearm while knowing that he was not authorized to do so, 8) Possession of marijuana for the purpose of trafficking, 9) Proceeds of crime (apx. $5000.00), 10) Possession of a firearm with the serial defaced, and 11( Impaired Operation of Motor Vehicle. Allegations: Accused stopped at R.I.D.E. program around the holiday season as a lone occupant. Accused arrested as a result of impaired driving. Upon search of the vehicle, police discover a loaded firearm in the glove box, marijuana with baggies and scale, and a large amount of money in cash. Result: Matter brought through a preliminary inquiry and then a jury trial. Accused ultimately found guilty of only one offence of “careless transport of a firearm” and sentenced to 6 months house arrest with exception to work and emergencies, then 6 months of curfew. All other (10) charges dismissed.
R. v. N.N. (Newmarket) Charges: Theft Under. Allegations: Shoplifting Prada shoes from a designer outlet. Result: Charges withdrawn.
R. v. A.A. (Milton): Charges: Theft Under. Allegations: Shoplifting. Result: Charges withdrawn.
R. v. B.L. (Brampton) Charges: Assault Causing Bodily Harm, Assault with a Weapon, etc. Allegations: Accused alleged to have caused massive head injuries to complainant in the course of a bar brawl with a pool cue or ball. Result: All charges withdrawn.
Weeks of November 2 to 13
R. v. S.A.: (Toronto, College Park) Charges: Theft Under. Allegations: Accused said to have stolen packs of underwear at a major retailer. Result: All charges withdrawn.
R. v. G.C.: (Toronto, College Park) Charges: Assault, Threats. Allegations: Confrontation between employer and employee over wages being owed. Allegations of assault by the employer on the employee. Police are called and owner of business arrested. Result: All charges withdrawn
R. v. S.U. (Toronto, College Park) Charges: Assault (Domestic). Allegations: Accused said to have tossed a plate of food on the complainant after a heated argument in the presence of the accused’s mother. Result: All charges withdrawn.
October 19 to 30, 2009
R. v. A.R. et. al. (Peel Region, Brampton Courthouse) - JURY TRIAL
Charges: Sexual Assault, Aggravated Sexual Assault, Gang Sexual Assault, Kidnapping, Forcible Confinement, Human Trafficking, Sexual Assault with a Weapon, etc.
Allegations: Woman is assaulted, intimidated, and kidnapped in lieu of a debt owed by her boyfriend. When she is taken back to to a residence is Mississauga, she is sexually assaulted, tortured, confined in a closet overnight, and sexually assaulted the following day with forced fellatio and intercourse. During the course of the sexual assault, she is threatened to be forced into prostitution. Woman is released form the premises and attends hospital with injuries. Hospital then reports the incident to police who the obtain evidence that included, but not limited to: DNA, photographs, corroborating physical evidence (shoelaces, descriptions of residence, etc.). Canada wide warrants are executed and four individuals arrested including "A.R." During the course of the proceedings, it was alleged that Mr. A.R. (represented by Sean Robichaud) is alleged to have been present during the entire first day/night but not to have engaged in any of the threats, sexual assaults, or kidnapping but charged and ordered to stand trial regardless.
Result: A.R. is found NOT GUILTY on all counts and dismissed unconditionally at trial. The remaining accused parties are found guilty on al counts with the exception of two.
To see other similar cases on sexual assaults and results, please visit my applicable page on my website located here: