Recent Cases

Recent Cases - Stern Albert Shapray

To read recent cases in which our criminal lawyers obtained favourable results for clients, click on the relevant practice area below:

Drug Charges
Assault and Domestic Violence
Sexual Offences
Driving Offences
Theft, Fraud Charges, and Property Offences
Weapons Offences
Border Offences

Drug Charges

R.v.N [2015]
Client charged with Possession of Cocaine for the Purpose of Trafficking. Police had stopped N at roadblock and detected an odour of marijuana. Police proceeded to search N and his vehicle. 28 pieces of crack cocaine were found, along with three cell phones and over $500 cash. Judge agrees that search was unlawful – all charges dismissed.

R. v. T.N. [2014]
Client charged with Production of Marijuana and Possession of Marijuana for the Purposes of Trafficking in relation to a marijuana grow-operation. Client found not guilty of all charges by trial judge following judge’s decision exclude the marijuana from evidence due to the search warrant for the residence having been found invalid.

R.v. M. [2014]
M was charged with possession for the purpose of trafficking in cocaine and heroine. The matter proceeded to trial. At trial we challenged the legality of the search of M’s purse, the location of the large quantity of drugs, based on the lack of grounds the police officer had to arrest M. The Judge ruled that the arrest of M was unlawful and therefore the search of M’s purse incidental to the arrest was also unlawful. The Judge excluded the drugs from evidence and M was therefor found not guilty.

R. v. R. [2014]
R. facing two drug trafficking charges in a dial-a-dope operation. Five days before a three day trial is set to commence, defence counsel meets with Crown with the result that all charges are dropped.

R. v. G. [2014]
G. found by police working in marijuana grow-operation. Crown describes the grow operation as one of the “most sophisticated” in British Columbia with set-up costs estimated by police at over $1 million. Police find over 3,900 plants and 55 pounds of drying marijuana on site. Crown initially seeking penitentiary jail sentence. Result: G. sentenced to 18 months conditional sentence allowing him to serve his entire sentence at home. No jail time.

R. v. P.  [2014]
P charged with production of marijuana after being found in a large commercial grow-op.
After 3 days of trial all charges dismissed against P.

R. v. J.  [2014]
Accused pulled over by police who smell marijuana and as a result search the vehicle and  find a quantity of marijauana. Court agrees with Defence argument that there were no grounds to arrest J and search the vehicle. Result: Evidence excluded, J found not guilty.

R. v. R.  [2014]
H sells heroin to an undercover officer in a Dial-A-Dope operation. Crown seeking 6 months in jail. Court agrees with defence that a 90 day intermittent (weekend) sentence was appropriate.

R. v. B.  [2014]
B charged with possession of cocaine for the purpose of trafficking after stopped by police
with a large amount of cocaine found on his person. After trial B found not guilty of charge as Judge agrees with defence argument that identification of the offender not proven beyond a reasonable doubt. Result: charges dismissed

R. v. J.W. [2013]
Client retained us after she was convicted of multiple counts of drug trafficking at a trial. Crown prosecutor was seeking over 1 year in jail on sentencing. We managed the sentencing process and made extensive legal submissions resulting in client receiving a conditional sentence.

R. v. H.  [2013]
H stopped by police who find 3 kilos of cocaine in his vehicle.
Judge agrees that search was unlawful, evidence is excluded. Result: charges dismissed

Assault and Domestic Violence

R. v. R.E. [2014]
Wife involved in contested divorce proceedings charged with domestic assault charges involving a weapon. Charges dropped mid-trial while we were cross-examining the complainant (husband) when serious issues about his credibility and reliability were raised.

R. v. S.D. [2013]
Domestic assault charges dropped by prosecutor prior to trial date after significant challenge to the complainant’s credibility – no criminal record.

R. v. M.M. [2013]
Multiple assault charges in family dispute dropped prior to trial after extensive negotiations between us and the prosecutor. Client entered into Peace Bond resulting in no criminal record.

R. v. V.M. [2013]
Domestic assault charges resolved with client entering into a Peace Bond – no criminal record.

Sexual Offences

R. v. A.M. [2014]
Client charged with historical sexual offences.  Mr. Sharpray extensively cross-examined the complainant during preliminary inquiry.  Case no longer met charge approval standard. Mr. Shapray made submissions to the prosecutor prior to setting case for trial. Charges dropped.

R. v. R.K. [2014]
Client charged with an indecent act in a public place. We put a counseling and treatment program into place for client during period before trial. Strategic negotiations with Crown prosecutor in advance of trial led to resolution that avoided the necessity for client to register as a sex offender. Client received Conditional Discharge on sentencing resulting in no criminal record.

R. v. H.  [2014]
H charged with a number of sexual assault charges allegedly against his young daughter. Also charged with simple assault. After 6 days of trial, all sexual assault charges dismissed. H receives suspended sentence and probation for the single charge of simple assault that he admitted to.

R. v. A.R. [2013]
We were retained in the midst of a police investigation into sexual offence allegations. We became primary contact with police during this period resulting in police file closed with no criminal charges.

Driving Offences

R. v. H.G. [2014]
90-day Immediate Roadside Prohibition overturned after the adjudicator agreed with counsel’s submissions that the ASD “FAIL” readings were unreliable. Counsel argued that the “FAIL” readings were unreliable because the evidence did not establish that the ASDs were properly calibrated prior to use.

R. v. A.R. [2014]
Client received a 90-day Immediate Roadside Prohibition for failing or refusing to provide a breath sample into an approved screening device (“ASD”). 90-day IRP overturned after the adjudicator agreed with counsel’s arguments that A.R. did not willfully fail or refuse to comply with the ASD demand.

R. v. L.K. [2014]
90-day Immediate Roadside Prohibition overturned following adjudicator’s finding that L.K. blew a “FAIL” on the ASDs despite the fact L.K. had a blood alcohol level under the legal limit of .08. Driver’s license returned and vehicle storage and impound costs reimbursed.

R. v. J.G. [2014]
90-day Immediate Roadside Prohibition overturned after the adjudicator agreed with counsel’s submissions that the ASD “FAIL” reading was unreliable. Driver’s license returned and vehicle storage and impound costs paid for by the OSMV.

R. v. C.M. [2014]
90-day Immediate Roadside Prohibition overturned in response to counsel’s arguments that C.M. was not a driver within the meaning of s. 215.41 of the Motor Vehicle Act due to the consumption alcohol after the time of driving. Driver’s license returned and vehicle storage and impound costs reimbursed.

R. v. N.H. [2014]
Client received a 90-day Immediate Roadside Prohibition for failing or refusing to provide a breath sample into an approved screening device (“ASD”). 90-day IRP overturned after the adjudicator agreed with counsel’s arguments that the ASD demand was unlawful because the officer did not have the proper grounds to make the demand.

R. v. G.J. [2014]
90-day Immediate Roadside Prohibition overturned in response to counsel’s arguments that G.J. was not in care or control of his motor vehicle. Driver’s license returned and vehicle storage and impound costs reimbursed.

R. v. Z.P. [2014]
90-day Immediate Roadside Prohibition overturned after the adjudicator agreed with counsel’s submissions that the ASD “FAIL” readings were unreliable due to the recent consumption of cough syrup. Driver’s license returned and vehicle storage and impound costs reimbursed.

R. v. M.R. [2014]
Client received a 90-day Immediate Roadside Prohibition for refusing to provide a breath sample into an approved screening device. 90-day IRP overturned in response to counsel’s arguments that the demand for a sample of M.R.’s breath was unlawful. Driver’s license returned and vehicle storage and impound costs reimbursed.

R. v. L.H. [2014]
90-day Immediate Roadside Prohibition overturned after the adjudicator agreed with counsel’s submissions that the ASD “FAIL” readings were unreliable because the evidence did not establish that the ASDs were properly calibrated prior to use. Driver’s license returned and vehicle storage and impound costs reimbursed.

R. v. Y.W. [2014]
Client found driving with blood alcohol level 3.5 times the legal limit. Charges of Impaired Driving and Driving Over 80 reduced to a ticket for driving without due care and attention under s. 144 of the Motor Vehicle Act following negotiations with Crown counsel. No criminal record.

R. v. M.J. [2014]
Client charged with driving with a blood alcohol level over .08. Criminal charges dropped and client entered a plea to driving without due care and attention under s. 144 of the Motor Vehicle Act after negotiations with Crown counsel. No criminal record and no driving prohibition.

R. v. M.E. [2014]
Client charged with Driving While Prohibited. Charge reduced to lesser and included offence of not having a driver’s license – no driving prohibition.

R. v. D.H. [2014]
90 Day Driving Prohibition overturned
after IRP hearing challenging evidence of police officer that he provided client with the option of a second roadside test.  Driver’s license returned and vehicle storage and impound costs reimbursed.

R. v. P.T. [2014]
Impaired driving charges resolved with a plea to an offence under section 144 of the Motor Vehicle Act. We worked out a resolution of the case in which client is permitted to continue driving for employment and does not lose his job.

R. v. H.  [2014]
H found driving with a blood alcohol content twice the legal limit. All criminal charges dropped in exchange to H pleading guilty to a ticket under the Motor Vehicle Act.

R. v. P.  [2014]
T found driving while disqualified as a result of a previous impaired driving conviction.
P facing multi-year driving prohibition if convicted plus possible jail sentence.
Judge agrees with defence argument that insufficient evidence in Crown’s case. Result: All charges dismissed

R. v. S.L. [2013]
Alberta client charged with impaired driving in B.C. We were retained and negotiated with prosecutor resulting in plea under the Motor Vehicle Act – no criminal record and no Alberta Driving Prohibition.

R. v. D.G. [2013]
Client in Dawson Creek facing charge of Driving Over 80 has charges reduced to driving without due care under the Motor Vehicle Act – no criminal record and client permitted to enter into a probation order which allows him to drive for work purposes.

R. v. A.B. [2013]
Impaired driving charges dropped by prosecutor after pre-trial discussions regarding numerous issues in the case – no criminal record and no driving prohibition.

R. v. K.A. [2013]
Impaired driving charges in case involving a one car accident dropped with plea to offence under section 144 of the Motor Vehicle Act –no criminal record.

R. v. K.N. [2013]
Impaired driving charges withdrawn and client entered a plea under section 144 of the Motor Vehicle Act to driving without due care and attention – no driving prohibition or criminal record.

R. v. D.D. [2013]
90 Day driving prohibition involving allegation of refusal to provide a breath sample at the roadside. Factual challenge to the IRP with affidavits filed and medical letter resulting in driving prohibition being revoked.

R. v. E.V. [2013]
Successful challenge to 90 Day IRP in case involving an issue about the identity of the driver of the vehicle. We successfully persuaded the adjudicator that the police were mistaken about who was driving and the driving prohibition was revoked.

R. v. K.W. [2013]
We were successful on the challenge to this 90 Day Driving Prohibition where the client blew a fail reading on two samples taken at the roadside. Driving prohibition was revoked on the basis that there was insufficient evidence about the proper calibration of the screening devices and thus uncertainty about the validity of the test results.

R. v. M.L. [2013]
Client charged with excessive speeding. We resolved the case with a plea as a Registered Owner instead of as a driver which resulted in a significant reduction in fine and no points on driving record.

R. v. K.B. [2013]
Charges of Driving While Prohibited reduced to Driving Without a Drivers License under the Motor Vehicle Act resulting in a reduction from a minimum 12 month driving prohibition to 2 months.

R. v. J.T. [2013]
Client charged with Driving While Prohibited. Charge reduced to lesser and included offence of not having a driver’s license – no driving prohibition.

R. v. D.H. [2013]
Client charged with Driving While Prohibited. Charge reduced to the lesser and included offence of No Driver’s License – no driving prohibition.

Theft, Fraud Charges, and Property Offences

R. v. C.P. [2014]
Charges of fraud and identity theft involving allegations of use of a stolen credit card dropped prior to trial after we raised deficiencies in the prosecutor’s case – no criminal record.

R. v. M.R. [2013]
Client charged with fraud in relation to expenditure issues while employed for a City in the Lower Mainland. We negotiated a resolution involving partial restitution of amount alleged to have been taken. Client also received conditional sentence from Judge after sentencing submissions.

R. v. M.H. [2013]
Female client charged with multi-year fraud involving misappropriation of funds in her role as a bookkeeper. We employed a delay and counseling strategy which permitted client to obtain valuable counseling and make partial repayment of stolen funds. Client had prior criminal record but still received conditional sentence after our extensive submissions at the sentencing hearing.

Weapons Offences

R. vs. G.M. [2014]
G.M. faced minimum mandatory one year jail sentence on weapons and drug trafficking charges. Following a three day trial, G.M. is found not guilty.

R. v. M.R. [2014]
Client from the United States charged with bringing a firearm over the border into Canada. We successfully negotiated a resolution of the case with a plea to a contravention under the Customs Act instead of a criminal charge under the Criminal Code. Client received a small fine and no jail time or criminal record.

R. v. T.L. [2013]
U.S. citizen arrested and held in jail for bringing undeclared firearm over the Canadian border. Case resolved with plea involving no further jail time for client who was held in jail pending release on bail.

R. v. P.M. [2013]
Client charged with assault and firearms offences. We achieved a Conditional Discharge for client at sentencing hearing resulting in no criminal record.

Border Offences

R v. D.C. [2014]
D.C. was charged with offences under the Immigration and Refugee Act for assisting the illegal entry into Canada of a person who tried to run across the border. There was evidence that D.C. had being involved I dropping of this “border jumper” in Blaine and arranging to pick them up in Canada. After five days of trial, we were able to convince the Court that D.C.’s actions did not constitute the criminal act that was charged. D.C. was found not guilty at the end of trial.


R. v. M.R. [2014]

Client from the United States charged with bringing a firearm over the border into Canada. We successfully negotiated a resolution of the case with a plea to a contravention under the Customs Act instead of a criminal charge under the Criminal Code. Client received a small fine and no jail time or criminal record.

R. v. T.L. [2013]
U.S. citizen arrested and held in jail for bringing undeclared firearm over the Canadian border. Case resolved with plea involving no further jail time for client who was held in jail pending release on bail.

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