Client was found guilty of a serious sexual assault against his ex-girlfriend while represented by a lawyer at a different law firm. He hired Mike Beckett and Molly Shamess to appeal the conviction, and they not only got the client released from jail pending the hearing of the appeal, but won the appeal and got the client’s conviction overturned.
Sexual Offences
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. A.B.
R. v. J.R.
Client was charged with sexually assaulting a coworker. Molly Shamess cross-examined the complainant at length on the gaps and inconsistencies in her evidence. The trial judge agreed with Ms. Shamess that they could not rely on the complainant’s evidence, and the client was found – NOT GUILTY.
R. v. I.A.
Molly Shamess was retained to conduct a Bail Pending Appeal application after a client was convicted and sentenced to over 3 years in jail for Sexual Assault after being represented by a lawyer at a different law firm. Ms. Shamess prepared extensive written materials and brought application to the B.C. Court of Appeal within 24 hours of client being sentenced in Provincial Court. Client was released on Bail Pending Appeal after serving only one night in jail.
R v J.H.
Client was charged by indictment with sexual assault and sexual interference against an ex-girlfriend’s daughter. The case proceeded to trial. After a three-day trial and cross examination of multiple Crown witnesses, the Judge found that Ms. Badea’s skillful cross examination identified issues in the complainant’s evidence and the Judge acquitted the client.
R. V. S.L.
Client charged with Sexual Assault. The complainant reported she was incapacitated and woke up to the accused engaging in sexual relations with her. After extensive pre-trial preparation and three days of witness evidence and submissions by Ms. Badea, the Judge acquitted the client. Ms. Badea cross-examined the complainant at length, and the complainant’s version of events was found to be unreliable. – NOT GUILTY
R. v. J.T.
Mr. Shapray and Ms. Sandhu successfully represented a client who was charged with sexual assault occurring over many years in a business in Port Coquitlam. Using a strategic approach to defending the client based on current legal issues, Mr. Shapray and Ms. Sandhu brought pre-trial applications seeking access to counselling records and a personal journal. These steps led to a second adjournment of the case in the middle of the cross-examination of the complainant to continue the application for the journal based on the cross-examination. Crown counsel recognized some significant issues being faced including the right of the client to be tried within a reasonable time under the Charter and offered to resolve the case with a peace bond. – NOT GUILTY
R. v. M.T.
Client was charged with sexually assaulting his wife during their marriage. The wife did not report the alleged offence until they were separated. Mr. Beckett persuaded the Crown to resolve the case with a peace bond instead of a prosecution. –NO CRIMINAL RECORD.
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. T.A.S.
Client was charged by indictment for one count of sexual assault against his wife during their relationship. The wife went to police with her allegations many months later, after the marriage ended and during an intense family law custody battle over their child. The case proceeded to trial where Mr. Beckett vigorously challenged the Complainant’s evidence. Before Mr. Beckett’s cross-examination had even concluded the Crown stayed the proceedings, as the Crown no longer felt there was any likelihood of conviction. – NOT GUILTY