Gracia Criminal Law Firm Calgary

Child Porn Charges Withdrawn for Peace Bond, instead of Mandatory Minimum Jail Sentence

  • 4 June 2015
Charge(s):

CC: s.163.1(3) – Distribution of child pornography, s.163.1(4) – Possession of child pornography, s.163.1(4.1) – Accessing child pornography.

Allegations:

A member of the Lethbridge Regional Police Service, assigned to the Southern Alberta Internet Child Exploitation (ICE) Unit was conducting an online investigation into the distribution of child pornography images on Peer to Peer networks. Following a complex investigation, and forensic computer analysis, it was determined that my client was accessing, in possession of, and was making available several child pornography files.

Result:

On the day of trial, the Crown Prosecutor offered to resolve the matter by way of a Peace Bond, and my client accepted. These charges are enormously difficult to defend against, and the mandatory minimum sentence for these 3 charges, when proceeded by indictment, is a combined minimum of 2 years in prison. However, in these circumstances, my client simply agreed to abide by certain conditions for a period of one year, and all of the criminal charges were withdrawn that same day. No criminal convictions.…

Probation for Sexual Assault on a Minor

  • 13 April 2015
Charge(s):

CC: s.152 – Invitation to Sexual Touching

Allegations:

My client knocked at the window of a boy who was sleeping and asked him for a blow job. Both my client and the boy lived in the same group home. After the boy refused, my client entered his bedroom and repeated the demand, this time grabbing his hand and trying to force him to touch his penis. Again the boy refused. When another boy, who was awakened by the commotion, entered the bedroom, my client ran away.

Result:

Shortly before the day of trial, as a result of numerous mitigating factors, the Crown agreed to a suspended sentence and probation for 18 months for him to get the help he needs, instead of jail, with one of the conditions being that he not be around any child under the age of fourteen, without adult supervision.…

Sexual Assault Charge Withdrawn

  • 13 April 2015
Charge(s):

CC: s.271 – Sexual Assault

Allegations:

My client grabbed his 18 year old roommate’s bottom while giving her a hug.

Result:

I convinced the Crown that it was not in the public interest to prosecute this offence. They agreed and withdrew the charge. No criminal conviction.…

Sexual Assault and Impaired Driving Charges Withdrawn

  • 13 April 2015
Charge(s):

CC: s.271 x 2 – Sexual Assault, s.253(a)

Allegations:

My client, after consuming an inordinate amount of alcohol, sexually assaulted some girls while dancing at a bar. Their boyfriends then tried to instigate a fight with him. He left the bar and attempted to drive away in his vehicle, but was prevented from doing so by an angry mob.

Result:

I negotiated a deal whereby he entered pleas of guilty to committing an “indecent act,” instead of sexual assault, and the Crown withdrew both impaired, care/control charges. By way of penalty, he received a conditional discharge. No criminal convictions.…

No Jail on Sexual Assault Charge, Jury Dismissed

  • 13 April 2015
Charge(s):

CC: s.271 – Sexual Assault.

Allegations:

My client, while in a hotel room after a night out, got caught fondling the privates of a girl his age, while she was asleep.

Result:

After a jury had already been empanelled, and on the morning of trial, the Crown offered a resolution proposal. Instead of potentially being found guilty of “Sexual Assault,” which carries a starting point sentence of three years incarceration, he pleaded guilty to committing an “Indecent Act,” which is a far less serious offence, and received a fine of $1000, with 6 months time to pay it. He will not be a registered sex offender; he will not be required to submit his DNA; and, eventually, he can apply for a pardon.…

Found Not Guilty of Major Sexual Assault

  • 13 April 2015
Charge(s):

CC: s.271 – Sexual Assault

Allegations:

My client was invited into the complainant’s apartment, where he forced himself upon her and allegedly sexually assaulted her in her kitchen. There was full penile penetration from behind, without a condom. The Crown was seeking three years incarceration.

Result:

The matter went to trial at the Court of Queen’s Bench, after a preliminary inquiry. The judge found him “Not Guilty,” and acquitted him on the basis of reasonable doubt, stemming from exculpatory DNA evidence. No criminal conviction.…

Child Sexual Assault Charge Against Younger Sister Withdrawn at Trial

  • 13 April 2015
Charge(s):

CC: s.152 – Invitation to sexual touching of a person under the age of 14 years

Allegations:

My client engaged in sexually inappropriate behaviour with his younger step-sister.

Result:

The matter was scheduled for trial however, after lengthy negotiations and alternative arrangements through the families, the matter was eventually withdrawn. No criminal conviction.…

Found Not Guilty of Sexual Assault

  • 13 April 2015
Charge(s):

CC: s.271 – Sexual Assault

Allegations:

My client sexually assaulted his roommate on several occasions over a period of several months.

Result:

The matter was disputed at trial, after a Preliminary Inquiry. My client testified. The charge was dismissed. No criminal conviction.…

Gracia Criminal Law Firm Calgary
Gracia Law Firm
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
Phone: (403) 975-4529 URL of Map