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.
Case Results
At Stern Shapray, we provide legal representation across a wide range of criminal and quasi-criminal matters, from serious charges to regulatory and provincial offences.
R. v. H.G.
R. v. A.D.
Client charges with very serious offences including Dangerous Operation of a Motor Vehicle, Drug Trafficking (Cocaine and Fentanyl) and Possession of a Loaded Firearms involving proactive police surveillance and search resulting in the location of a “secret compartment” in the vehicle containing drugs, cash and a loaded gun. Case proceeded through the Preliminary Inquiry at the Provincial Court and was then scheduled for trial at the B.C. Supreme Court. In the last week before the trial, the prosecutor provided some late disclosure which led to further communications and letters between defence counsel and the prosecutor as a risk of an adjournment loomed over the case. Mr. Shapray was able to negotiate for all charges against his client being DROPPED with a plea by the passenger in the vehicle. Client has been facing lengthy driving prohibition and mutli-year federal jail sentence. – NOT GUILTY
R. v. K.G.
Client charged with a variety of sexual assault and assault charges by his wife. Client adamantly denied all of the allegations of sexual assault which led to negotiations and discussions with the Crown leading to all of those charges being dropped. Significant information about the wife’s conduct after the charges were laid came to light and was utilized in negotiations which led to the client resolving the case with a plea to a single assault and receiving a conditional discharge. – NOT GUILTY
R. v. D.D.
Client was charged with Mischief Over $5,000 for causing significant damage to an acquaintance’s vehicle. Mr. Beckett persuaded the Crown to agree to Alternative Measures. – NOT GUILTY
R. v. G.B.
Client charged with domestic assault by his wife. Mr. Shapray retained and managed a treatment and counselling program for his client as well as ongoing negotiations with the Crown prosecutor leading to charge being dropped by the prosecutor prior to trial date being set.
R. v. J.C.
Client was charged with domestic assault and assault by choking involving allegations made by his wife. Client was represented by Ms. Badea who arranged for client to complete general counselling and an anger management program and delayed the case to demonstrate rehabilitation. Negotiations with the prosecutor resulted in the charges being dropped. – NOT GUILTY
R. v. P.A.A.
Client was charged by indictment for sexual assault and sexual interference against his step-granddaughter. The case proceeded to trial in Supreme Court with a preliminary inquiry prior to trial. Mr. Beckett consulted with DNA and forensic sexual assault nurse experts prior to trial to assist in his attack on the Crown’s DNA and forensic sexual assault nursing examination evidence. Mr. Beckett challenged the complainant’s evidence at trial and argued for an acquittal. The client was found. – NOT GUILTY
R. v. D.L.
Client received a 90-Day Immediate Roadside Prohibition (“IRP”) after blowing two “FAIL” readings. IRP overturned after the adjudicator agreed with defence counsel’s arguments that the officer’s Report to Superintendent was a nullity due to changes the officer made to the Notice of Driving Prohibition after serving the notice on the client.
R. v. G.D
Client was charged with sexual assault. The matter proceeded to trial, where Mr. Beckett challenged the complainant’s version of events and argued for an acquittal. The client was found. – NOT GUILTY
R. v. A.V.
Client was charged with breaking and entering and stealing from 13 businesses over the course of several months. His fingerprints and DNA were found at the scenes of the offences and he was captured on CCTV security video. Despite the fact that the client had a lengthy, prior criminal record for breaking and entering and other offences, Mr. Beckett’s negations with the Crown allowed the client to avoid jail and serve his sentence in the community through a conditional sentence. – NOT GUILTY