Appeals

Appeal

The Appeal category includes summary conviction appeals heard in the Ontario Superior Court as well as indictable appeals heard in the Court of Appeal for Ontario.

 

R. v. R.J. Successful Appeal – Child Pornography

Rory Jones was the subject of an intense international police investigation, which resulted in him being charged with the possession and distribution of child pornography. At trial, he pleaded guilty to possession of child pornography and the distribution charge was withdrawn by the Crown. His lawyer at trial asked the judge not to send Mr. Jones to jail. But the trial judge sent Rory to jail for nine months. Rory stood to lose his job, house, and family. His wife came to me for help. She wanted him out of jail. We launched an appeal in the Ontario Court of Appeal. Mr. Jones’ appeal was granted. His jail sentence was overturned and he was allowed to serve his sentence in the community. Mr. Jones was able to keep his job, his house and his family. Read more about this appeal. Read this testimonial.

R. v. A.A. Successful Appeal – Criminal Harassment

Arn Anderson was having problems in his marriage.  He was in an “on again / off again” relationship.  One day, his wife got fed up and had Arn charged with criminal harassment.  Arn was arrested but received bail.  Once on bail, Arn contacted his wife (in violation of his bail conditions)  in an attempt to reconcile.  He was arrested and charged with breaching his bail.  He immediately hired a lawyer that he had found through his church.  Arn protested his innocence and made it very clear that he was going to fight the charges against him.  However, Arn’s lawyer improperly scared Arn into believing that he would go to jail for a long time if he didn’t just plead guilty.  Out of a feeling of terror, Arn pleaded guilty.  He didn’t go to jail.  However, he believed  that a grave injustice had been done and that his lawyer and the system had betrayed him.  Arn retained me to appeal his case.  The appeal court agreed that Arn’s guilty plea was improper and should be reversed.  A new trial was ordered.  Arn won the appeal.  The Crown decided not to re-prosecute the case. Read more about this appeal.

R. v. D.T. Successful Opposition of Crown Appeal

Darby Teddington was charged with drug trafficking.  At the time of his arrest the police seized $100,000 from him.  At trial, his lawyer, Colin Peterson, applied to the trial judge to be paid his legal fees out of the money seized from his client, Darby Teddington.  The trial judge granted the application and ordered $12,000 transferred to Mr. Peterson for legal fees.  The Crown appealed this decision, seeking to recover the money assigned to Mr. Peterson.  Mr. Peterson asked me to represent him on the appeal.  We successfully opposed the Crown’s appeal.  Mr. Peterson was extremely happy to be fully paid. Read more about this appeal.

R. v. N. S. Successful Appeal – Assault

Following a lengthy trial, Norman Schulz was convicted of assaulting his wife and his son.  Despite strong evidence against him, he maintained his innocence and retained me to appeal both convictions.  The appeal judge agreed with my argument that the trial judge had made an error and one of the convictions was overturned.  The other conviction remained.  The second conviction was subsequently appealed to the Ontario Court of Appeal.  That appeal was granted as well.  Mr. Schulz was granted new trials on both matters.  However, the Crown decided not to proceed with a new trial. Read more about this appeal.

 

You’re Invited to Call or E-mailAppeal Lawyer

If you’ve been charged with a crime – or think you might be charged in the future – you’re invited to call me.  I’ll answer your questions and explain how you can protect your legal rights.  I will gladly talk with you on the telephone or in my office.  You’re invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.

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