A client was charged with unlawful possession of a firearm. I successfully argued that key evidence to prove the charge was unlawfully obtained and could not be used at trial. Without that evidence, the Crown had no prospect of proving the charge. The charge was ultimately dismissed without a trial.
Maximum penalty 7 years imprisonment
The Charge
She was arrested by Police after being found in a car with a gun nearby. She made damaging admissions to the Police when questioned about this.
Pre-Trial
I objected to that evidence being admissible based on the fact that she had not been properly read her rights. These admissions were excluded from the trial.
The Outcome
Without that evidence, the Crown could not prove the charge. Charge dismissed.
