Robichaud's

criminal defence litigation

 

481 University Avenue, Suite 510
Toronto, Ontario M5G 2E9
Tel 416.220.0413 | Fax 416.598.3384

 

 

 

 

 

 

 

   

Sexual Assaults, Assaults (non-domestic), Aggravated Assault, Assault with a Weapon, Assault Causing Bodily Harm, etc.

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.  

R. v. O.A. (Toronto)
Charges: Sexual Assault, Invitation to Sexual Touching, etc.
Allegations: O.A. was alleged to have been a resident of a where the 6 year old complainant and her family lived.  It was alleged that when the mother of the young person left for work in the evenings, Mr. A. would lure the young person to his basement apartment and on several occasions forced sexual intercourse upon her.  On a separate occasion it was alleged that Mr. A. confronted the complainant at her mother's birthday party when she was 10 years old and forced her into a bedroom to have intercourse with her.  Result: All charges withdrawn.  After cross-examination at the preliminary hearing, several problems were discovered with the complainant's version of events.  The charges were stayed as a result.

R. v. J.A.. (1000 Finch Ave, Toronto)
Charges: Sexual Assault 
Allegations: Complainant and accused alleged to have drank heavily and then attended his residence.  At the residence, complainant alleges that accused forces herself upon her and engages in full intercourse without her consent.   Results:  All charges withdrawn by the Crown Attorney at the preliminary hearing stage.

R. v. K.C. (Superior Court of Justice) JURY
Charges: Sexual Assault
Allegations: Accused was alleged to have had non-consensual intercourse with complainant at her house. 
Results: Jury Acquits accused on all counts.

R. v. G.M. (Superior Court of Justice) JURY
Charges: Sexual Assault
Allegations: That the accused, aged 31, had sexual intercourse with his 17 year old baby sitter against her will.  At trial, the accused testified that they did indeed have sex, but the act was consensual.   
Results: Jury acquitted Mr. M.

R. v. G.L. (Ontario Court of Justice)
Charges: Sexual Assault
Allegations: The accused was the step brother of the complainant.  She alleged that while they were living in the same house, he would force sexual intercourse upon her on numerous occasions.  The sexual acts continued for several years before she reported it to the police.  
Results: Charges Dismissed.

Sexual Assaults, Assaults, and Offences Against the Person in Ontario.

Offences on the person cover a wide range of offences.  The offences range from a simple push and shove to very serious sexual assaults. 
 
Needless to say, serious allegations such as these can raise very complicated issues with life-changing consequences if you should lose your case.  Therefore, having proper legal representation is critical to ensuring that you are not unfairly treated or at a disadvantage in defending yourself.
 
Many of these sorts of offences, particularly sexual assaults, involve detailed and mandatory requirements in evidence.  It is often unacceptable an assert many issues that you may consider relevant to a complainant's credibility.  For example, section 276 of the Criminal Code precludes someone from raising the past sexual history of a complainant unless the party wishing to do so establishes a relevant basis for doing so.  This sounds much easier than it is and can often lend to confusion and frustration for an unrepresented accused.
 
Other types of assaults such as "aggravated assault", "assault with a weapon", "assault causing bodily harm", "assaulting a police officer", etc., can also entail a great deal of complicated points of evidence such as the admissibility of medical records, the extent of injuries, and issues such as self defence or consent.  Having the assistance of proper legal counsel can assist you in understanding your possible defences and ensure that justice is achieved.
 
Call me anytime to discuss these issues and your options at (416) 220-0413
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