Criminal Case Successes

Regina (Crown) v. I [2022] North Vancouver – Assault

Circumstances:  I is charged with assault after what the Crown alleges is a “road rage” incident.  

Result:  In the midst of a multi-day trial and as a result of Mr. Anderson’s cross-examination, the Crown drops all charges.  

All charges dropped.  No criminal record.

Regina (Crown) v. A [2022] Vancouver – Conspiracy to Commit Murder

Circumstances: A is charged with conspiracy to commit murder and firearms offences after a massive police investigation.  
 
Result:  Mr. Anderson successfully obtains bail for A in Supreme Court and after several pre-trial applications, the Crown agrees to drop the conspiracy charges.  
 
Conspiracy to commit murder charges dropped.  A pleads guilty only to firearm offences.  
 
Regina (Crown) v. D [2021] Abbotsford – Sexual Assault
 
Circumstances:  D is charged with multiple counts including sexual assault, assault with a weapon, threatening and assault causing bodily harm.  
 
Result:  Mr. Anderson files pretrial application and in the lead up to the hearing, the Crown agrees to an 810 recognizance and to drop all criminal charges.  
 
All charges dropped.  No criminal record. 
 
Regina (Crown) v. L [2021] Kamloops – Murder
 
Circumstances:  L is charged with murder after a lengthy “Mr. Big” investigation during which he confesses to murder.  
 
Result:  Mr. Anderson conducts a Preliminary Inquiry and cross-examines the undercover officers about their use of the ‘Mr. Big” investigation.  L is committed to stand trial in Supreme Court.  Mr. Anderson files and schedules pre-trial applications challenging the admissibility of the confessions.  The Crown agrees to a plea to lesser offence of manslaughter.  L avoids a life sentence.  
 
No life sentence.  
 
Regina (Crown) v. D [2021] New Westminster – Murder
 
Circumstances:  D is charged with first degree murder after a daylight murder which is captured on video.  D is arrested after a vehicle chase and found with the murder weapon.  
 
Result:  In the midst of pre-trial applications in Supreme Court, Mr. Anderson negotiates a plea to the lesser offence of second degree murder.  
 
Time before D is eligible to apply for parole significantly reduced.  
 
Regina v. L [2020] Vancouver – Drug Production
 
Circumstances:  L had been convicted of drug offences in Provincial Court and retains Mr. Anderson to appeal the conviction.  
 
Result:  Mr. Anderson successfully argues the conviction appeal in the British Columbia Court of Appeal and wins a new trial for L.  
 
The Crown does not retry L and he is innocent.  
 
Regina (Crown) v. S [2019] Port Coquitlam – Dangerous Driving
 
Circumstances:  S is charged with dangerous driving and obstructing police after fleeing a traffic stop. 
 
Result:  Mr. Anderson discloses the defence position to the Crown which results in the Crown dropping all charges.  
 
All charges dropped.  No criminal record.
 
Regina (Crown) v. H [2018] Surrey – Drug Trafficking
 
Circumstances:  H is arrested after a series of undercover drug buys.  He is conclusively identified as the
trafficker by police.  Crown seeking a significant jail sentence.  
 
Result:  Mr. Anderson successfully argues for a suspended sentence.  
 
No jail time.
 

Regina (Crown) v. S  [2017] Port Coquitlam – Assault

Circumstances:  S is charged with assaulting a family member.  S is prohibited from contacting S’s family.

Result:  Mr. Anderson discloses the defence case to the Crown.  Crown drops all charges.  S is allowed to resume contact with the family and return home.

All Charges dropped; No Criminal Conviction

Regina (Crown) v. A  [2017] Port Coquitlam – Attempt to Obstruct Justice

Circumstances:  A is charged with two counts of attempting to obstruct justice after it is alleged A attempted to influence the outcome of a criminal prosecution.  The investigation lasted several months and involved wiretaps, police agent and undercover operations, and covert surveillance.

Result:  After pretrial applications, the Crown agrees to drop all criminal charges in return for A pleading guilty to a single count under a non-criminal statute.  A obtains an absolute discharge.

Absolute Discharge; No Conviction Recorded; No Criminal Record

Regina (Crown) v. M  [2017] North Vancouver – Assault With Weapon

Circumstances:  M is charged with assault with a weapon after an incident involving an intruder onto his property.  The Crown’s case consists of witness statements and video shot by the complainant.

Result:  On the day of trial, Mr. Anderson discloses the defence case to the Crown.  Crown drops all charges against M.

No Criminal Conviction; No Criminal Record

Regina (Crown) v. P  [2017] New Westminster – Murder

Circumstances:  P is charged with second degree murder.

Result:  After trial, P is found not criminally responsible due to mental disorder

Not Criminally Responsible

Regina (Crown) v. C [2016] Whistler – Drugs

Circumstances:  C is arrested by police for being drunk in public.  Search incidental to arrest reveals drugs.  C charged with possession and released with a court date.  Several hours late C is again arrested for being drunk in public and is again found with drugs on him.  C is now facing two charges of drug possession.

Result:  Mr. Anderson meets with C and the family and presents C’s personal circumstances to the assigned Crown.  After this meeting, Crown agrees to refer C to the alternative measures program.  C completes the program and all charges are dropped.

All Charges Dropped; No Criminal Record

Regina (Crown) v. C [2016] Surrey – Manslaughter

Circumstances:  C is charged with manslaughter after a man is killed during a fight.  Crown’s theory is that C, along with another, beat and stabbed the victim to death.

Result:  In the midst of pretrial arguments, Mr. Anderson has lengthy discussions with the assigned Crown and highlights the frailties of the evidence against C.  The Crown agrees to a plea to the lesser offence of assault causing bodily harm and a sentence of a further one day in jail.

Not guilty of Manslaughter

Regina (Crown) v. A [2016] New Westminster – Murder

Circumstances:  A is charged with second degree murder after it is alleged that he shot and killed a man in a crowded parking lot.  The evidence consists of eyewitness testimony, confessions to civilian witnesses, video and forensic evidence.  If convicted, A is facing life in prison.

Result:  After jury selection and just prior to the scheduled start of a multi-week trial, Mr. Anderson has lengthy discussions with trial Crown.  This results in the Crown agreeing to proceed on the lesser offence of manslaughter and agreeing to a further 6 months in jail.

Not Guilty of Murder, Guilty of Manslaughter, No Life Sentence

Regina (Crown) v. P [2016] Port Coquitlam – Weapons

Circumstances:  After an acrimonious contested divorce trial, P is charged with breaching a no-contact order with his ex-wife and with possession of a weapon.

Result:  Mr. Anderson conducts the trial and P is acquitted of all charges.

Not Guilty, No Criminal Conviction, No Criminal Record

Regina (Crown) v. O [2016] Vancouver – Sexual Assault

Circumstances:  O is charged with sexually assaulting two women.  If convicted, O is facing a potential jail sentence and would be required to register as a Sex Offender.

Result:  After lengthy discussions with Crown during which Mr. Anderson discloses the weaknesses in the case, Crown agrees to proceed on a single count of common assault and agree to a conditional discharge.

No Criminal Record, No Sex Offender Registration

Regina (Crown) v. F [2016] Port Coquitlam – Criminal Harassment

Circumstances:  During the course of an acrimonious divorce and custody battle, F is charged with Criminal Harassment. 

Result:  Mr. Anderson sets the matter for trial.  In the days up to the trial, Mr. Anderson outlines the defence position to the Crown.  Crown agrees to proceed by way of Peace Bond and drops all Criminal Charges.   

No Criminal Conviction, No Criminal Record

Regina (Crown) v. M [2016] Port Coquitlam – Prohibited Driving

Circumstances:  M receives an indefinite driving prohibition from the Superintendent of Motor Vehicles.  Is charged with driving contrary to that prohibition and is facing a minimum fine and one year further driving prohibition.

Result:  Mr. Anderson outlines M’s particular personal circumstances to the Crown resulting in the Crown agreeing to a plea to the lesser offence of driving without a licence.

M receives lower fine and shorter driving prohibition. 

Regina (Crown) v. B [2015] Richmond – Assault

Circumstances:  B is charged with two counts of assault involving a former girlfriend.  The matter is set for trial.  Shortly before the trial is set to commence, Mr. Anderson has discussions with the Crown leading to the Crown proceeding by way of Peace Bond rather than criminal charges.

Result:  All Criminal Charges Dropped

No Criminal Record

Regina (Crown) v. T [2015] Vancouver – Murder

Circumstances:  T is charged with first degree murder.  The police obtain wiretap authorizations and search warrants to further the investigation.  The police plan and implement a sophisticated undercover operation which leads to several instances where T confesses to first degree murder to the undercover officers.  These confessions are audio and video recorded.  T performs a recorded re-enactment of the murder at the request of the undercover officers.  T is arrested and provides a full confession to first degree murder.  T also confesses to an undercover police officer posing as a cellmate.

Result:  After six weeks of pre-trial arguments, Mr. Anderson succeeds in getting three incriminating statements excluded from evidence.  During the subsequent eight week trial, Mr. Anderson challenges the reliability of the confessions obtained after the undercover operation.  T testifies and admits an intentional killing but denies first degree murder.  After eleven days of deliberation, the jury finds T not guilty of first degree murder but guilty of the lesser offence of  second degree murder, the result sought by T.

Not Guilty of First Degree Murder; Guilty of Lesser Offence of Second Degree Murder

Regina (Crown) v. S [2015] Surrey – Assault

Circumstances:  S is accused of assaulting his wife.  Police attend in response to a complaint from neighbours and S is arrested and charged.

Result:  Mr. Anderson gathers the evidence and presents S’s version to the Crown.  After several weeks, the Crown concedes that there is not a likelihood of conviction.  All charges dropped.

All Charges Dropped; No Criminal Conviction; No Criminal Record

Regina (Crown) v. L [2015] Vancouver

Circumstances:  L is employed by a major retailer.  L is caught on video stealing merchandise from his employer.  When confronted, L confesses to the employer and is arrested and charged with theft.

Result:  Mr. Anderson meets with the Crown and outlines L’s particular circumstances and stresses which led to the commission of the offence.  Notwithstanding that this is a theft from employer and therefore a breach of trust situation, after Mr. Anderson’s submissions the Crown agrees to refer L to the Alternative Measures Program.  All charges are then dropped.

All Charges Dropped; No Criminal Record

Regina (Crown) v. L [2015] Vancouver

Circumstances:  L is on probation with conditions that he abstain from alcohol and drugs.  L is arrested when police find him in an apparent state of intoxication with alcohol.

Result:  After Mr. Anderson has lengthy discussions with Crown Counsel regarding L’s personal circumstances and performance while on probation, Crown drops all charges.

All Charges Dropped; No Criminal Record

Regina (Crown) v. K [2015] Port Coquitlam

 

Circumstances:  K is a suspected drug dealer who is placed under surveillance for several days.  Police observe what are alleged to be several drug deals.  Police seek and obtain a search warrant for residence of K.  K is arrested outside residence and a quantity of cocaine and heroin found on his person.  Search warrant executed and a large quantity of powder cocaine, crack cocaine, heroin and marijuana discovered.  A taser and shotgun are also seized.  K charged with multiple counts of Possession for the Purpose of Trafficking and a single weapons count.

Result:  K retains Mr. Anderson who sets the matter for trial and provides Notice to the Crown alleging multiple breaches of the Charter Rights of K.  Mr. Anderson also challenges the validity of the Search Warrant, the arrest of K, and the admissibility of all of the evidence.  The matter is set for a week long trial.  In the lead up to the trial, Mr. Anderson fully advises the Crown of the factual and legal basis for his arguments.  The Crown elects to drop all charges against K on the last business day prior to the start of the trial.

All Charges Dropped; No Criminal Conviction; No Criminal Record

Regina (Crown) v. G [2015] Vancouver

Circumstances:  G is alleged to have pushed his wife down during an argument about financial issues.  G is charged with domestic assault.  G is released on bail conditions preventing him from returning to the marital home.

Result:  Mr. Anderson successfully applies to change the bail to allow G to return home.  Mr. Anderson then engages in significant discussions with the assigned Crown which eventually leads to the Crown dropping all charges.

Charges Dropped; No Criminal Conviction

Regina (Crown) v. D [2015] New Westminster

Circumstances:  D is arrested and charged with Break and Enter after police and security make observations.  D is released on bail with a curfew.

Result:  Mr. Anderson successfully applies to vary the bail to delete the curfew.  Mr. Anderson then engages in lengthy discussions with the Crown and persuades the Crown not to approve any charges against D.  All bail conditions end and no charges laid.

No Charges Laid

Regina (Crown) v. L [2015] Vancouver

Circumstances:  L Is observed on multiple occasions exposing himself on transit.  L is charged with multiple counts of committing an indecent act.

Result:  Mr. Anderson engages in lengthy negotiations with the Crown who, after many months, agrees to drop some of the charges and agrees to a Conditional Discharge.

Conditional Discharge; No Criminal Record

Regina (Crown) v. A_B [2015] Vancouver

Circumstances:  A-B at a party and is alleged to assaulted another female.

Result:  Mr. Anderson advises the Crown of the circumstances leading up to the altercation.  In light of this information, A-B is referred to alternative measures and the charge is eventually dropped.

Charges Dropped; No Criminal Conviction

Regina (Crown) v. W [2014] Vancouver

Circumstances:  W is alleged to have assaulted two people during the course of a house party.  W is arrested and held overnight, being released on bail the next day.  W retains Mr. Anderson who approaches the Crown to challenge the evidence provided by the police

Result:  After discussions with Mr. Anderson, the Crown acknowledges that there is no longer a likelihood of conviction and all charges dropped.

All Charges Dropped; No Criminal Conviction

Regina (Crown) v. L [2015] New Westminster

Circumstances:  L is charged with Driving While Prohibited after being served a Notice of Prohibition and then later being found driving.  L is facing a mandatory minimum penalty of a $500.00 fine and a further one year driving prohibition.

Result:  Mr. Anderson obtains documentary evidence that The Superintendent of Motor Vehicles had issued the Notice of Prohibition in error.  This is disclosed to the Crown who then drops the charge.

Charge Dropped; No Driving Prohibition

Regina (Crown) v. M [2015] Port Coquitlam

Circumstances:  M is charged with uttering threats to his wife and a friend.

Result:  Mr. Anderson conducts lengthy negotiations with the Crown who eventually agrees to drop all charges when Mr. Anderson fully explains the situation and background of those involved.

All Charges Dropped; No Criminal Conviction

Regina (Crown) v. P [2015] Port Coquitlam

Circumstances:  P is charged with theft from employer after being caught stealing merchandise.

Result:  Mr. Anderson has discussions with the Crown which leads to the exceptional decision to refer the employee theft to Alternative Measures.  Charges dropped.

Charges Dropped; No Criminal Record

Regina (Crown) v. M [2015] North Vancouver

Circumstances:  M is alleged to have threatened his wife and mother in law.  M is charged with 2 counts of uttering threats.

Result:  Mr. Anderson sets the matter for trial and shortly before the scheduled trial date, the Crown drops all charges.

All Charges Dropped; No Criminal Record

Regina (Crown) v. S [2014] Port Coquitlam

Circumstances:  S is charged with aggravated assault after beating his father unconscious and cutting his throat.

Result:  Mr. Anderson secures bail for S.  Mr. Anderson then obtains and discloses significant material which affects how the Crown views the offence.  S is eventually allowed to plead guilty to a lesser offence and receives a conditional discharge.

Plea to Lesser Offence; Conditional Discharge; No Criminal Record

Regina (Crown) v. P [2014] New Westminster

Result:  After Mr. Anderson cross-examines the investigator and the begins to cross-examine the breath technician, Crown agrees to drop all criminal charges in return for a plea of guilty to careless driving under the Motor Vehicle Act

Criminal Charges Dropped; No Criminal Conviction  

Regina (Crown) v. M [2014] Port Coquitlam

Circumstances:  M is stopped by police for impaired driving.  During the investigation, police search his vehicle and discover quantity of cocaine and heroin.  Police call in dog squad and find further quantity of cocaine.  M charged with two counts of possession for the purpose of trafficking and Crown is seeking a substantial jail sentence.

Result:  At trial, Mr. Anderson alleges several breaches of M’s rights and aggressively cross-examines the investigators.  In her Judgment, the trial judge finds “serious police misconduct” and describes the breach of M’s right to counsel “appalling”.  She goes on to exclude all of the evidence and M is found not guilty.

M Found Not Guilty; No Criminal Conviction

Regina (Crown) v. M [2014] Port Coquitlam

Circumstances:  M is charged in the Interior of British Columbia with Breaking and Entering and Assault after it is alleged that he beat another man, left a residence, the returned by breaking in and beat the same man again.  Without the aid of a lawyer, M transfers the case to Port Coquitlam.  In order to do so, M agrees to plead guilty to all charges.

Result: M retains Mr. Anderson who successfully negotiates with the Crown to drop the most serious charge of Break and Enter and agree to a plea of guilty on the assault charge alone, thereby avoiding a near certain jail sentence.

Break and Enter Charge Dropped; Suspended Sentence; No Jail Time

Regina (Crown) v. B [2014] Vancouver

Circumstances: B charged with breach of bail for allegedly breaching a No Contact Order.

Result:  B retains Mr. Anderson who demands disclosure of video evidence in order to establish compliance with the No Contact Order

Charge Dropped; No Criminal Conviction

Regina (Crown) v. A [2014] Vancouver

Circumstances:  A had previously pleaded guilty with another lawyer to various serious sexual offences.  As a result of this, he was ordered to comply with numerous conditions.  A was arrested and charged with failing to comply with his conditions.  After two days in jail, A retains Mr. Anderson.

Result: A is granted bail the morning he retains Mr. Anderson.  Mr. Anderson then applies to change the order which was signed by A which purports to prohibit the use of the Internet.  The date of the hearing, the original Sentencing Judge confirms that no such prohibition was made.  All outstanding charges dropped.

Bail Granted; Order Clarified; All Outstanding Charges Dropped

Regina (Crown) v. R [2014] Port Coquitlam

Circumstances:  R had previously been prohibited from driving but due to work pressures, had to make a business appointment.  Was stopped and charged with Driving While Prohibited.  Facing a minimum fine and 1 year driving prohibition.

Result:  After negotiations with the Crown, Mr. Anderson secures a plea bargain where R pleads not guilty to driving while prohibited but guilty to driving without a license, thereby avoiding a mandatory driving suspension.

Not Guilty of Driving While Prohibited; No Further Driving Prohibition

Regina (Crown) v. B [2014] Vancouver

Circumstances:  B is charged with domestic assault after a verbal argument with his common law wife.  She alleges actual violence.

Result:  Mr. Anderson sets the matter for trial as quickly as possible shortly before the complainant was to testify, the Crown directs a stay of proceedings

All Charges Dropped; No Criminal Conviction

Superintendent of Motor Vehicles vs. J [2014] Port Moody

Circumstances: J is alleged to have refused to provide a breath sample during an impaired driving investigation.  J is served with an Immediate Roadside Prohibition (IRP) and his vehicle is impounded.  J is facing a $500 penalty, a 90 day driving suspension, vehicle impound, and the possibility of being required to participate in the Responsible Driver and Interlock Program.

Result: J retains Mr. Anderson who conducts the IRP Hearing and successfully argues that there was no evidence of J refusing to provide a sample.  IRP is overturned and the vehicle is released from impound.

IRP Overturned; Vehicle Impound Cancelled; No Driving Suspension; No Fine; No Interlock

Regina (Crown) vs. F [2014] New Westminster

Circumstances: F is charged with Driving While Prohibited.  F is facing a mandatory minimum one year driving suspension.

Result: Mr. Anderson negotiates with the Crown for a plea to the lesser offence of Driving Without a Licence based on the particular circumstances of F.

Does not receive 1 Year Driving Suspension;

Regina (Crown) vs. R [2014] Richmond

Circumstances: R is found by police in a vehicle with two other males.  A search of the vehicle results in the seizure of weapons, drugs, and cell phones.  R initially charged with weapons offences with a recommendation of additional drug charges to follow.

Result: R retains Mr. Anderson who contacts the investigating officer and the Crown Counsel.  After discussions, Crown elects not to lay any charges in relation to drugs or weapons.

No Criminal Charges; No Criminal Record

Regina (Crown) vs. B [2014] Richmond

Circumstances: B is alleged to have assaulted his wife and step-son during an argument.  B is released on strict bail which prevents him from accessing his belongings and taking part in the sale of the matrimonial home.

Result:  Mr. Anderson successfully argues to amend B’s bail conditions to allow him to access his belongings and to take a role in the sale of the matrimonial home.  Mr. Anderson also sets a very early trial date.  The charge of assaulting B’s wife is dropped very early in the proceedings.  During trial preparation, Mr. Anderson contacts the Crown and negotiates the imposition of a peace bond and the dropping of all remaining charges.

Peace Bond; All Charges Dropped; No Criminal Record

Regina (Crown) vs. B [2014] Surrey

Circumstances: B is charged with Driving While Suspended contrary to section 259 of the Criminal Code.  B is facing a possible jail sentence and a lengthy driving prohibition.  B retains Mr. Anderson who contacts the Crown prior to any charges being laid to discuss the evidence alleged against B.

Result: After discussions between Mr. Anderson’s office and the Crown office, the Crown decided not to proceed with any charges.

No Charge Laid; No Criminal Conviction; No Further Driving Suspension

Regina (Crown) vs. F [2014] Port Coquitlam

Circumstances:  F in the midst of very acrimonious divorce and child custody trial.  F’s ex-wife seeks and obtains an ex parte Protection Order in Family Court which prevents F from attending various locations and greatly restricting F’s access to his children.  F is charged in Criminal Court with breaching the Protection Order by going to the ex-wife’s residence and confronting her male companion.

Result:  F retains Mr. Anderson who sets the matter for the earliest possible trial date in order to allow Family Court proceedings to continue quickly after the Criminal charge is dealt with.  In the week leading up to the trial, Mr. Anderson finally receives the last of the witness statements and then notifies the Crown of the issue which is fatal to the Crown’s case.  The charge is withdrawn.

All Charges Dropped; No Criminal Charges; No Criminal Record.

Regina (Crown) vs. M [2014] Port Coquitlam

Circumstances:  After learning of spouse’s infidelity, M confronts spouse who calls the police and alleges Domestic Assault.

Result:  M retains Mr. Anderson who reviews the case and concludes that there was no evidence to support the laying of the charge.  Mr. Anderson meets with the Crown and explains the significant weaknesses in the case.  Senior Crown Counsel agrees with Mr. Anderson and withdraws the Spousal Assault charge.

No Criminal Charges; No Criminal Record.   

Regina (Crown) vs. H [2014] Port Coquitlam

 

Circumstances:  H charged with Assault in relation to a girlfriend.

Result:  H retains Mr. Anderson who obtains and reviews the Report to Crown Counsel in preparation to set trial date.  Mr. Anderson also engages with Crown to discuss the weaknesses in the Crown’s case.  After these discussions, Crown elects to not proceed to trial.

All Charges Dropped; No Criminal Charges; No Criminal Record.

Regina (Crown) vs. H [2014] Surrey

Circumstances:  H is charged with Domestic Assault in relation to his wife and child.  Police and Social Services attend and a number of unsecured firearms are discovered.  H also charged with Unsafe Storage of Firearms.  The firearms are seized by the police.

Result:  After many weeks of negotiations with Crown Counsel in the lead up to the trial, r. Anderson negotiates an agreement to have all Criminal Charges dropped and all the firearms returned in return for a Common Law Peace Bond and a short Firearms Prohibition.

All Charges Dropped; No Criminal Charges; No Criminal Record. Firearms Returned

Regina (Crown) vs. M [2014] Surrey

Circumstances:  M is charged with Domestic Assault in relation to his wife.  Police attend and observe injuries.  M released on bail with restrictive conditions.  M retains Mr. Anderson who successfully applies to amend the bail conditions to make them less restrictive.  M is then arrested and charged with breach of bail.  Mr. Anderson secures M’s release from custody on bail and then successfully applies to amend the bail to make it less restrictive.

Result:  Mr. Anderson successfully negotiates to have all Criminal Charges dropped, including the breach of bail charge,  and have M enter into a Peace Bond.

All Charges Dropped; No Criminal Charges; No Criminal Record.

Regina (Crown) vs. W [2014] Port Coquitlam

Circumstances: After an allegation of Domestic Assault, W is charged with 2 counts of assault, one count of uttering threats, one count pointing a firearm, one count of possession of a firearm for a purpose of committing an offence.   Search Warrant executed and multiple firearms seized.  Crown seeks initially seeks to have W held without bail.  W retains Mr. Anderson who secures W’s release on bail and begins discussions with Crown Counsel.

Result: After lengthy negotiations, Crown agrees to proceed by way of Section 810 Peace Bond.  All Criminal Charges are dropped.

All Charges Dropped; No Criminal Charges; No Criminal Record. 

Regina (Crown) and Director of Civil Forfeiture vs. B [2014] Vancouver

Circumstances:  B is suspected of buying and reselling stolen property.  B is target of undercover police operation resulting in B’s vehicle being seized as offence related property.  Police advise they are seeking forfeiture of the vehicle.

Result:  Mr. Anderson promptly files application with the Courts for return of the vehicle.  Crown, upon learning of the Application, examines circumstances and agrees to not oppose the Application.  When Police are advised, they forward case to Director of Civil Forfeiture, who commences an action to forfeit the vehicle.  Mr. Anderson then discloses the legal arguments he intends to advance and the Director abandons the attempt to obtain forfeiture.

Vehicle Returned

Regina (Crown) vs. S [2014] Vancouver

Circumstances:  S involved in a sporting event and becomes involved in a physical altercation with opposing player.  Opponent is injured and requires ongoing treatment for several months after event.  S charged with assault causing bodily harm.

Result: Matter is set for trial with defence ready to proceed.  Mr. Anderson discloses defence to the Crown who agrees to then allow S to plead to lesser offence of common assault.  Even though S has previously received conditional discharges for two earlier offences, Court orders another conditional discharge.  S has no criminal record.

No Criminal Record.

Regina (Crown) vs. S [2014] Abbotsford

Circumstances:  S charged with assaulting two children in his care.  S also subject of Application for Firearms Prohibition.  Six firearms seized, Crown seeking forfeiture of guns.

Result:  S retains Mr. Anderson who negotiates with Regional Crown Counsel to prevent S from being fingerprinted.  Mr. Anderson also has discussions with investigating Social Worker.  Trial date set.  In the week prior to the trial, after lengthy discussions, Crown agrees to drop all criminal charges, withdraw Firearms Application, and return all guns in return for a Common Law Peace Bond.

No Criminal Charges. No Criminal Record. No Firearms Prohibition. All Guns returned.

Regina (Crown) vs. K [2014] North Vancouver

Circumstances:  K and his girlfriend have an altercation in a public space witnessed by others.  Allegations that K trips, kicks, and head-butts the Complainant.  K charged with assault.

Result: After lengthy negotiations with Crown Counsel, K pleads guilty to pushing the complainant.  No finding nor admission of tripping, kicking, nor head-butting.  K granted a Conditional Discharge

No Criminal Record.

Regina (Crown) vs. M [2014] Surrey

Circumstances: M is contacted by police and asked to cooperate into investigation into an indecent act.  Told he is going to be charged.

Result: M retains Mr. Anderson who contacts investigating officer and acts to prevent client from making any statements.  Investigation stalls and no charges laid.

No Criminal Charge; No Criminal Record

Regina (Crown) vs. D [2014] Port Coquitlam

Circumstances: D is charged with Break and Enter.  G enters a guilty plea and is due to be sentenced.

Result: G retains Mr. Anderson who successfully applies to have the guilty plea struck. Mr. Anderson then negotiates with Crown and has G admitted into alternative measures resulting in no criminal conviction.

No Criminal Conviction; No Criminal Record 

Regina (Crown) vs. G [2014] Surrey

Circumstances: G charged with driving while prohibited.  If convicted, G faces a minimum one year driving suspension.

Result: After lengthy negotiations with Mr. Anderson, Crown agrees to G pleading guilty to driving without a licence under the Motor Vehicle Act and to no driving prohibition.

No Criminal Conviction; No Driving Prohibition

Regina (Crown) vs. E [2014] Surrey

 

 

 

Circumstances: E arrested for sexual assault and released on strict bail conditions.

Result: After meeting with Mr. Anderson and reviewing the available evidence, Crown concludes that there is not sufficient evidence to support a criminal charge.

No Criminal Charge; No Criminal Record; Bail Conditions dropped. 

Regina (Crown) vs. M [2014] Port Coquitlam

Circumstances:  M charged with assaulting fellow inmate at Correctional Centre.  Alleged assault captured on surveillance video.

Result: After reviewing available evidence with Mr. Anderson, Crown Counsel concludes charge approval standard not met.  All Charges Dropped

No Criminal Conviction

 

Regina (Crown) vs. C [2013] Surrey

Circumstances: C detained by Border Services due to suspected impaired driving. Breath Samples taken and C arrested for impaired driving.

Result: After communication with Crown Counsel, no criminal charges laid and no additional driving prohibition.
No Criminal Charges; No Criminal Record

Regina (Crown) vs. D. [2013] Port Coquitlam

Circumstances: D charged with assault after altercation with spouse. Allegations that spouse is afraid of D. Ongoing fear on the part of spouse is capable of being used to further her claims in Family Court.

Result: After lengthy negotiations with Crown Counsel, client enters into Common Law Peace Bond. Criminal Charges and Criminal Code section 810 Peace Bond Application withdrawn.
No Criminal Record; No finding that spouse fearful of D.

Regina (Crown) vs. W [2013] Vancouver

Circumstances: W detained by police during a traffic stop. Vehicle searched without warrant and large amount of cash seized. Police apply for forfeiture of money.

Result: After challenging the evidence on the forfeiture application, money is returned.
No Criminal Charges; Money returned

Regina (Crown) vs. A [2013] New Westminster

Circumstances: A alleged to have sexually assaulted students years earlier while employed as a teacher. Current complaint and investigation.

Result: Client accepted lawyer’s advice regarding his rights. Mr. Anderson discusses case with Lead Investigator and no charges laid.
No Criminal Charges; No Criminal Record

Regina (Crown) vs. N [2013] Surrey

Circumstances: S arrested for domestic assault based upon a report from an off-duty police officer. Arrested and released on No-Contact order.

Result: After meeting with Crown Counsel, no criminal charges laid and No-Contact order deleted.
No Criminal Charge; No Criminal Record

Regina (Crown) vs. B. [2013] Port Coquitlam

Circumstances: B arrested for impaired driving after multiple vehicle collision. Other drivers call police as they suspect B to be impaired. Police attend and B charged with Impaired Driving.

Result: After lengthy negotiations with Crown and significant challenge to admissible evidence, B. pleads to Motor Vehicle Act Offence. All Criminal Charges dropped.

No Criminal Record.

Regina (Crown) vs. P [2013] Vancouver

Circumstances: P had pleaded guilty with another lawyer and been sentenced for an offence of violence. As a result, his firearms had been seized and the police were refusing to release them.

Result: After negotiations with the Police, the firearms were returned to P’s brother, who was entitled to possess firearms.
Firearms Returned

Regina (Crown) vs S [2013] Vancouver

 

Circumstances: S was charged with trafficking in crack cocaine.  It was alleged that he was the employer of a street trafficker.  The Prosecution relied on the expert opinion of a Detective with the Vancouver Police.  At the Supreme Court Trial, Mr. Anderson attacked the opinion of the expert.

Result:  After lengthy cross-examination by Mr. Anderson, the Court did not accept the evidence of the expert and S was acquitted.

Not Guilty; No Criminal Record

 

Regina (Crown) vs. F [2013] Port Coquitlam

Circumstances:  F charged with assault after confrontation with male outside local restaurant.  Retains Mr. Anderson who sets the matter down for earliest trial date possible.

Result:  Approximately three weeks later, F was acquitted

Found Not Guilty; No Criminal Conviction

Regina (Crown) vs. P [2013] Port Coquitlam

Circumstances:  P pulled over while driving work vehicle.  History of Motor Vehicle Act Violations and P is charged with Driving While Prohibited.  Facing a minimum penalty which includes a 1 year additional Driving Prohibition which would cause P to lose employment.

Result:  After lengthy negotiations with Crown Counsel, P pleads guilty to lesser offence of Driving Without a License.

No Further Driving Prohibition.  P is able to continue working. 

Regina (Crown) vs. P [2013] Vancouver

Circumstances:  P was arrested for solicitation of a prostitute after approaching undercover female officer.

Result:  After negotiations with Crown Counsel, no charges laid.

No Criminal Charges; No Criminal Record

Regina (Crown) vs. T [2013] Surrey

Circumstances:  T arrested at the border on an outstanding warrant for uttering threats.  Held in custody for a weekend bail hearing.  During the weekend bail hearing, T alleged to have threatened the life of the sitting Justice of the Peace who was hearing his bail application.

Result:  After discussions with Crown, original charge of threatening dropped and no charges laid for remarks during the weekend bail hearing.  T released from custody.

All Charges Dropped; No Criminal Record

Regina (Crown) vs B [2013] Port Coquitlam

Circumstances:  B serving a Conditional Sentence.  Alleged to have breached his Conditional Sentence.

Result:  On Trial Date, Mr. Anderson discloses the defence to the Crown.  Breach charge dropped.

No Further Penalty; Conditional Sentence Reinstated. 

Regina (Crown) vs K [2013] Vancouver

Circumstances:  K and his girlfriend going through an acrimonious breakup with allegations of infidelity and threatening behaviour.  K arrested at former girlfriend’s residence at 4 AM and charged with uttering threats.

Result:  After months of negotiations and bail variations, Crown agrees to drop all Criminal Charges and K agrees to a Peace Bond.

No Criminal Conviction; No Criminal Record.

Regina (Crown) vs [2013] Surrey

Circumstances: S in residence when police execute Search Warrant.  Many prohibited firearms are recovered from the apartment.  S arrested and charged with multiple firearms offences and held in custody.

Result:  Review of evidence and discussions with Crown Counsel lead to all charges being dropped and S released from custody.

All Charges Dropped; Client Released from Custody; No Criminal Conviction. 

Regina (Crown) vs R [2013] Port Coquitlam

Circumstances:  R arrives at the matrimonial home.  Finds spouse with new romantic partner, confirming suspicions of infidelity.  Altercation ensues and R charged with assault.

Result: After months of negotiations and attack on the Crown’s case, all charges dropped.

All Charges Dropped; No Criminal Record. 

Regina (Crown) vs N [2013] Vancouver

Circumstances:  N pulled over for speeding while driving with a friend.  Search of vehicle leads to discovery of approximately one pound of marijuana in the back seat.  Charged with Possession for the Purpose of Trafficking.

Result:  Acquitted.  Trial Judge accepts the arguments advanced by Mr. Anderson and finds N not guilty.

Acquitted; No Criminal Record. 

Regina (Crown) vs A [2013] Surrey

Circumstances:  A pulled over while driving with friends.  Search of vehicle leads to discovery of drugs in vehicle.  A arrested for Possession for the Purpose of Trafficking.

Result:  After discussions with the Crown Prosecutor, A referred to the Alternative Measures Program.  No Drug Charges.

No Charges Laid; No Criminal Record; No Drug Record. 

Regina (Crown) vs G [2013] Port Coquitlam

Circumstances:  G arrested on property of house under renovation.  Some of homeowner’s property had been removed and placed into a nearby vehicle.  G charged with Break and Enter.

Result:  Shortly before trial, Mr. Anderson disclosed the defence to the Crown.  Crown could not overcome the defence with the available evidence and dropped all charges.

All Charges Dropped; No Criminal Conviction. 

Regina (Crown) vs S [2013] Surrey

Circumstances:  S arrested outside probation officer while in driver’s seat of vehicle.  Search of vehicle reveals multiple cell phones and drugs.  Expert evidence that all consistent with drug trafficking.  Charged with Possession for the Purpose of Trafficking.

Result:  At trial, Mr. Anderson successfully argued that S’s Charter Rights to be Free From Arbitrary Detention and Free From Unreasonable Search and Seizure were violated.  All evidence ruled inadmissible.  S found Not Guilty.

Acquitted; No Criminal Conviction. 

Regina (Crown) v. A [2022] Vancouver

 

 

Regina (Crown) v. S  [2017] Port Coquitlam

Circumstances:  S is charged with assaulting a family member.  S is prohibited from contacting S’s family.

Result:  Mr. Anderson discloses the defence case to the Crown.  Crown drops all charges.  S is allowed to resume contact with the family and return home.

All Charges dropped; No Criminal Conviction

Regina (Crown) v. A  [2017] Port Coquitlam

Circumstances:  A is charged with two counts of attempting to obstruct justice after it is alleged A attempted to influence the outcome of a criminal prosecution.  The investigation lasted several months and involved wiretaps, police agent and undercover operations, and covert surveillance.

Result:  After pretrial applications, the Crown agrees to drop all criminal charges in return for A pleading guilty to a single count under a non-criminal statute.  A obtains an absolute discharge.

Absolute Discharge; No Conviction Recorded; No Criminal Record

Regina (Crown) v. M  [2017] North Vancouver

Circumstances:  M is charged with assault with a weapon after an incident involving an intruder onto his property.  The Crown’s case consists of witness statements and video shot by the complainant.

Result:  On the day of trial, Mr. Anderson discloses the defence case to the Crown.  Crown drops all charges against M.

No Criminal Conviction; No Criminal Record

Regina (Crown) v. P  [2017] New Westminster

Circumstances:  P is charged with second degree murder.

Result:  After trial, P is found not criminally responsible due to mental disorder

Not Criminally Responsible

Regina (Crown) v. C [2016] Whistler

Circumstances:  C is arrested by police for being drunk in public.  Search incidental to arrest reveals drugs.  C charged with possession and released with a court date.  Several hours late C is again arrested for being drunk in public and is again found with drugs on him.  C is now facing two charges of drug possession.

Result:  Mr. Anderson meets with C and the family and presents C’s personal circumstances to the assigned Crown.  After this meeting, Crown agrees to refer C to the alternative measures program.  C completes the program and all charges are dropped.

All Charges Dropped; No Criminal Record

Regina (Crown) v. C [2016] Surrey

Circumstances:  C is charged with manslaughter after a man is killed during a fight.  Crown’s theory is that C, along with another, beat and stabbed the victim to death.

Result:  In the midst of pretrial arguments, Mr. Anderson has lengthy discussions with the assigned Crown and highlights the frailties of the evidence against C.  The Crown agrees to a plea to the lesser offence of assault causing bodily harm and a sentence of a further one day in jail.

Not guilty of Manslaughter

Regina (Crown) v. A [2016] New Westminster

Circumstances:  A is charged with second degree murder after it is alleged that he shot and killed a man in a crowded parking lot.  The evidence consists of eyewitness testimony, confessions to civilian witnesses, video and forensic evidence.  If convicted, A is facing life in prison.

Result:  After jury selection and just prior to the scheduled start of a multi-week trial, Mr. Anderson has lengthy discussions with trial Crown.  This results in the Crown agreeing to proceed on the lesser offence of manslaughter and agreeing to a further 6 months in jail.

Not Guilty of Murder, Guilty of Manslaughter, No Life Sentence

Regina (Crown) v. P [2016] Port Coquitlam

Circumstances:  After an acrimonious contested divorce trial, P is charged with breaching a no-contact order with his ex-wife and with possession of a weapon.

Result:  Mr. Anderson conducts the trial and P is acquitted of all charges.

Not Guilty, No Criminal Conviction, No Criminal Record

Regina (Crown) v. O [2016] Vancouver

Circumstances:  O is charged with sexually assaulting two women.  If convicted, O is facing a potential jail sentence and would be required to register as a Sex Offender.

Result:  After lengthy discussions with Crown during which Mr. Anderson discloses the weaknesses in the case, Crown agrees to proceed on a single count of common assault and agree to a conditional discharge.

No Criminal Record, No Sex Offender Registration

Regina (Crown) v. F [2016] Port Coquitlam

Circumstances:  During the course of an acrimonious divorce and custody battle, F is charged with Criminal Harassment. 

Result:  Mr. Anderson sets the matter for trial.  In the days up to the trial, Mr. Anderson outlines the defence position to the Crown.  Crown agrees to proceed by way of Peace Bond and drops all Criminal Charges.   

No Criminal Conviction, No Criminal Record

Regina (Crown) v. M [2016] Port Coquitlam

Circumstances:  M receives an indefinite driving prohibition from the Superintendent of Motor Vehicles.  Is charged with driving contrary to that prohibition and is facing a minimum fine and one year further driving prohibition.

Result:  Mr. Anderson outlines M’s particular personal circumstances to the Crown resulting in the Crown agreeing to a plea to the lesser offence of driving without a licence.

M receives lower fine and shorter driving prohibition. 

Regina (Crown) v. B [2015] Richmond

Circumstances:  B is charged with two counts of assault involving a former girlfriend.  The matter is set for trial.  Shortly before the trial is set to commence, Mr. Anderson has discussions with the Crown leading to the Crown proceeding by way of Peace Bond rather than criminal charges.

Result:  All Criminal Charges Dropped

No Criminal Record

Regina (Crown) v. T [2015] Vancouver

Circumstances:  T is charged with first degree murder.  The police obtain wiretap authorizations and search warrants to further the investigation.  The police plan and implement a sophisticated undercover operation which leads to several instances where T confesses to first degree murder to the undercover officers.  These confessions are audio and video recorded.  T performs a recorded re-enactment of the murder at the request of the undercover officers.  T is arrested and provides a full confession to first degree murder.  T also confesses to an undercover police officer posing as a cellmate.

Result:  After six weeks of pre-trial arguments, Mr. Anderson succeeds in getting three incriminating statements excluded from evidence.  During the subsequent eight week trial, Mr. Anderson challenges the reliability of the confessions obtained after the undercover operation.  T testifies and admits an intentional killing but denies first degree murder.  After eleven days of deliberation, the jury finds T not guilty of first degree murder but guilty of the lesser offence of  second degree murder, the result sought by T.

Not Guilty of First Degree Murder; Guilty of Lesser Offence of Second Degree Murder

Regina (Crown) v. S [2015] Surrey

Circumstances:  S is accused of assaulting his wife.  Police attend in response to a complaint from neighbours and S is arrested and charged.

Result:  Mr. Anderson gathers the evidence and presents S’s version to the Crown.  After several weeks, the Crown concedes that there is not a likelihood of conviction.  All charges dropped.

All Charges Dropped; No Criminal Conviction; No Criminal Record

Regina (Crown) v. L [2015] Vancouver

Circumstances:  L is employed by a major retailer.  L is caught on video stealing merchandise from his employer.  When confronted, L confesses to the employer and is arrested and charged with theft.

Result:  Mr. Anderson meets with the Crown and outlines L’s particular circumstances and stresses which led to the commission of the offence.  Notwithstanding that this is a theft from employer and therefore a breach of trust situation, after Mr. Anderson’s submissions the Crown agrees to refer L to the Alternative Measures Program.  All charges are then dropped.

All Charges Dropped; No Criminal Record

Regina (Crown) v. L [2015] Vancouver

Circumstances:  L is on probation with conditions that he abstain from alcohol and drugs.  L is arrested when police find him in an apparent state of intoxication with alcohol.

Result:  After Mr. Anderson has lengthy discussions with Crown Counsel regarding L’s personal circumstances and performance while on probation, Crown drops all charges.

All Charges Dropped; No Criminal Record

Regina (Crown) v. K [2015] Port Coquitlam

 

Circumstances:  K is a suspected drug dealer who is placed under surveillance for several days.  Police observe what are alleged to be several drug deals.  Police seek and obtain a search warrant for residence of K.  K is arrested outside residence and a quantity of cocaine and heroin found on his person.  Search warrant executed and a large quantity of powder cocaine, crack cocaine, heroin and marijuana discovered.  A taser and shotgun are also seized.  K charged with multiple counts of Possession for the Purpose of Trafficking and a single weapons count.

Result:  K retains Mr. Anderson who sets the matter for trial and provides Notice to the Crown alleging multiple breaches of the Charter Rights of K.  Mr. Anderson also challenges the validity of the Search Warrant, the arrest of K, and the admissibility of all of the evidence.  The matter is set for a week long trial.  In the lead up to the trial, Mr. Anderson fully advises the Crown of the factual and legal basis for his arguments.  The Crown elects to drop all charges against K on the last business day prior to the start of the trial.

All Charges Dropped; No Criminal Conviction; No Criminal Record

Regina (Crown) v. G [2015] Vancouver

 

Circumstances:  G is alleged to have pushed his wife down during an argument about financial issues.  G is charged with domestic assault.  G is released on bail conditions preventing him from returning to the marital home.

Result:  Mr. Anderson successfully applies to change the bail to allow G to return home.  Mr. Anderson then engages in significant discussions with the assigned Crown which eventually leads to the Crown dropping all charges.

Charges Dropped; No Criminal Conviction

Regina (Crown) v. D [2015] New Westminster

Circumstances:  D is arrested and charged with Break and Enter after police and security make observations.  D is released on bail with a curfew.

Result:  Mr. Anderson successfully applies to vary the bail to delete the curfew.  Mr. Anderson then engages in lengthy discussions with the Crown and persuades the Crown not to approve any charges against D.  All bail conditions end and no charges laid.

No Charges Laid

Regina (Crown) v. L [2015] Vancouver

Circumstances:  L Is observed on multiple occasions exposing himself on transit.  L is charged with multiple counts of committing an indecent act.

Result:  Mr. Anderson engages in lengthy negotiations with the Crown who, after many months, agrees to drop some of the charges and agrees to a Conditional Discharge.

Conditional Discharge; No Criminal Record

Regina (Crown) v. A_B [2015] Vancouver

Circumstances:  A-B at a party and is alleged to assaulted another female.

Result:  Mr. Anderson advises the Crown of the circumstances leading up to the altercation.  In light of this information, A-B is referred to alternative measures and the charge is eventually dropped.

Charges Dropped; No Criminal Conviction

Regina (Crown) v. W [2014] Vancouver

Circumstances:  W is alleged to have assaulted two people during the course of a house party.  W is arrested and held overnight, being released on bail the next day.  W retains Mr. Anderson who approaches the Crown to challenge the evidence provided by the police

Result:  After discussions with Mr. Anderson, the Crown acknowledges that there is no longer a likelihood of conviction and all charges dropped.

All Charges Dropped; No Criminal Conviction

Regina (Crown) v. L [2015] New Westminster

Circumstances:  L is charged with Driving While Prohibited after being served a Notice of Prohibition and then later being found driving.  L is facing a mandatory minimum penalty of a $500.00 fine and a further one year driving prohibition.

Result:  Mr. Anderson obtains documentary evidence that The Superintendent of Motor Vehicles had issued the Notice of Prohibition in error.  This is disclosed to the Crown who then drops the charge.

Charge Dropped; No Driving Prohibition

Regina (Crown) v. M [2015] Port Coquitlam

Circumstances:  M is charged with uttering threats to his wife and a friend.

Result:  Mr. Anderson conducts lengthy negotiations with the Crown who eventually agrees to drop all charges when Mr. Anderson fully explains the situation and background of those involved.

All Charges Dropped; No Criminal Conviction

Regina (Crown) v. P [2015] Port Coquitlam

Circumstances:  P is charged with theft from employer after being caught stealing merchandise.

Result:  Mr. Anderson has discussions with the Crown which leads to the exceptional decision to refer the employee theft to Alternative Measures.  Charges dropped.

Charges Dropped; No Criminal Record

Regina (Crown) v. M [2015] North Vancouver

Circumstances:  M is alleged to have threatened his wife and mother in law.  M is charged with 2 counts of uttering threats.

Result:  Mr. Anderson sets the matter for trial and shortly before the scheduled trial date, the Crown drops all charges.

All Charges Dropped; No Criminal Record

Regina (Crown) v. S [2014] Port Coquitlam

Circumstances:  S is charged with aggravated assault after beating his father unconscious and cutting his throat.

Result:  Mr. Anderson secures bail for S.  Mr. Anderson then obtains and discloses significant material which affects how the Crown views the offence.  S is eventually allowed to plead guilty to a lesser offence and receives a conditional discharge.

Plea to Lesser Offence; Conditional Discharge; No Criminal Record

Regina (Crown) v. P [2014] New Westminster

 

Result:  After Mr. Anderson cross-examines the investigator and the begins to cross-examine the breath technician, Crown agrees to drop all criminal charges in return for a plea of guilty to careless driving under the Motor Vehicle Act

Criminal Charges Dropped; No Criminal Conviction  

Regina (Crown) v. M [2014] Port Coquitlam

Circumstances:  M is stopped by police for impaired driving.  During the investigation, police search his vehicle and discover quantity of cocaine and heroin.  Police call in dog squad and find further quantity of cocaine.  M charged with two counts of possession for the purpose of trafficking and Crown is seeking a substantial jail sentence.

Result:  At trial, Mr. Anderson alleges several breaches of M’s rights and aggressively cross-examines the investigators.  In her Judgment, the trial judge finds “serious police misconduct” and describes the breach of M’s right to counsel “appalling”.  She goes on to exclude all of the evidence and M is found not guilty.

M Found Not Guilty; No Criminal Conviction

Regina (Crown) v. M [2014] Port Coquitlam

Circumstances:  M is charged in the Interior of British Columbia with Breaking and Entering and Assault after it is alleged that he beat another man, left a residence, the returned by breaking in and beat the same man again.  Without the aid of a lawyer, M transfers the case to Port Coquitlam.  In order to do so, M agrees to plead guilty to all charges.

Result: M retains Mr. Anderson who successfully negotiates with the Crown to drop the most serious charge of Break and Enter and agree to a plea of guilty on the assault charge alone, thereby avoiding a near certain jail sentence.

Break and Enter Charge Dropped; Suspended Sentence; No Jail Time

Regina (Crown) v. B [2014] Vancouver

Circumstances: B charged with breach of bail for allegedly breaching a No Contact Order.

Result:  B retains Mr. Anderson who demands disclosure of video evidence in order to establish compliance with the No Contact Order

Charge Dropped; No Criminal Conviction

Regina (Crown) v. A [2014] Vancouver

Circumstances:  A had previously pleaded guilty with another lawyer to various serious sexual offences.  As a result of this, he was ordered to comply with numerous conditions.  A was arrested and charged with failing to comply with his conditions.  After two days in jail, A retains Mr. Anderson.

Result: A is granted bail the morning he retains Mr. Anderson.  Mr. Anderson then applies to change the order which was signed by A which purports to prohibit the use of the Internet.  The date of the hearing, the original Sentencing Judge confirms that no such prohibition was made.  All outstanding charges dropped.

Bail Granted; Order Clarified; All Outstanding Charges Dropped

Regina (Crown) v. R [2014] Port Coquitlam

Circumstances:  R had previously been prohibited from driving but due to work pressures, had to make a business appointment.  Was stopped and charged with Driving While Prohibited.  Facing a minimum fine and 1 year driving prohibition.

Result:  After negotiations with the Crown, Mr. Anderson secures a plea bargain where R pleads not guilty to driving while prohibited but guilty to driving without a license, thereby avoiding a mandatory driving suspension.

Not Guilty of Driving While Prohibited; No Further Driving Prohibition

Regina (Crown) v. B [2014] Vancouver

Circumstances:  B is charged with domestic assault after a verbal argument with his common law wife.  She alleges actual violence.

Result:  Mr. Anderson sets the matter for trial as quickly as possible shortly before the complainant was to testify, the Crown directs a stay of proceedings

All Charges Dropped; No Criminal Conviction

Superintendent of Motor Vehicles vs. J [2014] Port Moody

Circumstances: J is alleged to have refused to provide a breath sample during an impaired driving investigation.  J is served with an Immediate Roadside Prohibition (IRP) and his vehicle is impounded.  J is facing a $500 penalty, a 90 day driving suspension, vehicle impound, and the possibility of being required to participate in the Responsible Driver and Interlock Program.

Result: J retains Mr. Anderson who conducts the IRP Hearing and successfully argues that there was no evidence of J refusing to provide a sample.  IRP is overturned and the vehicle is released from impound.

IRP Overturned; Vehicle Impound Cancelled; No Driving Suspension; No Fine; No Interlock

Regina (Crown) vs. F [2014] New Westminster

Circumstances: F is charged with Driving While Prohibited.  F is facing a mandatory minimum one year driving suspension.

Result: Mr. Anderson negotiates with the Crown for a plea to the lesser offence of Driving Without a Licence based on the particular circumstances of F.

Does not receive 1 Year Driving Suspension;

Regina (Crown) vs. R [2014] Richmond

Circumstances: R is found by police in a vehicle with two other males.  A search of the vehicle results in the seizure of weapons, drugs, and cell phones.  R initially charged with weapons offences with a recommendation of additional drug charges to follow.

Result: R retains Mr. Anderson who contacts the investigating officer and the Crown Counsel.  After discussions, Crown elects not to lay any charges in relation to drugs or weapons.

No Criminal Charges; No Criminal Record

Regina (Crown) vs. B [2014] Richmond

Circumstances: B is alleged to have assaulted his wife and step-son during an argument.  B is released on strict bail which prevents him from accessing his belongings and taking part in the sale of the matrimonial home.

Result:  Mr. Anderson successfully argues to amend B’s bail conditions to allow him to access his belongings and to take a role in the sale of the matrimonial home.  Mr. Anderson also sets a very early trial date.  The charge of assaulting B’s wife is dropped very early in the proceedings.  During trial preparation, Mr. Anderson contacts the Crown and negotiates the imposition of a peace bond and the dropping of all remaining charges.

Peace Bond; All Charges Dropped; No Criminal Record

Regina (Crown) vs. B [2014] Surrey

Circumstances: B is charged with Driving While Suspended contrary to section 259 of the Criminal Code.  B is facing a possible jail sentence and a lengthy driving prohibition.  B retains Mr. Anderson who contacts the Crown prior to any charges being laid to discuss the evidence alleged against B.

Result: After discussions between Mr. Anderson’s office and the Crown office, the Crown decided not to proceed with any charges.

No Charge Laid; No Criminal Conviction; No Further Driving Suspension

Regina (Crown) vs. F [2014] Port Coquitlam

Circumstances:  F in the midst of very acrimonious divorce and child custody trial.  F’s ex-wife seeks and obtains an ex parte Protection Order in Family Court which prevents F from attending various locations and greatly restricting F’s access to his children.  F is charged in Criminal Court with breaching the Protection Order by going to the ex-wife’s residence and confronting her male companion.

Result:  F retains Mr. Anderson who sets the matter for the earliest possible trial date in order to allow Family Court proceedings to continue quickly after the Criminal charge is dealt with.  In the week leading up to the trial, Mr. Anderson finally receives the last of the witness statements and then notifies the Crown of the issue which is fatal to the Crown’s case.  The charge is withdrawn.

All Charges Dropped; No Criminal Charges; No Criminal Record.

Regina (Crown) vs. M [2014] Port Coquitlam

Circumstances:  After learning of spouse’s infidelity, M confronts spouse who calls the police and alleges Domestic Assault.

Result:  M retains Mr. Anderson who reviews the case and concludes that there was no evidence to support the laying of the charge.  Mr. Anderson meets with the Crown and explains the significant weaknesses in the case.  Senior Crown Counsel agrees with Mr. Anderson and withdraws the Spousal Assault charge.

No Criminal Charges; No Criminal Record.   

 

Regina (Crown) vs. H [2014] Port Coquitlam

 

Circumstances:  H charged with Assault in relation to a girlfriend.

Result:  H retains Mr. Anderson who obtains and reviews the Report to Crown Counsel in preparation to set trial date.  Mr. Anderson also engages with Crown to discuss the weaknesses in the Crown’s case.  After these discussions, Crown elects to not proceed to trial.

All Charges Dropped; No Criminal Charges; No Criminal Record.

 

Regina (Crown) vs. H [2014] Surrey

Circumstances:  H is charged with Domestic Assault in relation to his wife and child.  Police and Social Services attend and a number of unsecured firearms are discovered.  H also charged with Unsafe Storage of Firearms.  The firearms are seized by the police.

Result:  After many weeks of negotiations with Crown Counsel in the lead up to the trial, r. Anderson negotiates an agreement to have all Criminal Charges dropped and all the firearms returned in return for a Common Law Peace Bond and a short Firearms Prohibition.

All Charges Dropped; No Criminal Charges; No Criminal Record. Firearms Returned

 

Regina (Crown) vs. M [2014] Surrey

Circumstances:  M is charged with Domestic Assault in relation to his wife.  Police attend and observe injuries.  M released on bail with restrictive conditions.  M retains Mr. Anderson who successfully applies to amend the bail conditions to make them less restrictive.  M is then arrested and charged with breach of bail.  Mr. Anderson secures M’s release from custody on bail and then successfully applies to amend the bail to make it less restrictive.

Result:  Mr. Anderson successfully negotiates to have all Criminal Charges dropped, including the breach of bail charge,  and have M enter into a Peace Bond.

All Charges Dropped; No Criminal Charges; No Criminal Record.

 

Regina (Crown) vs. W [2014] Port Coquitlam

Circumstances: After an allegation of Domestic Assault, W is charged with 2 counts of assault, one count of uttering threats, one count pointing a firearm, one count of possession of a firearm for a purpose of committing an offence.   Search Warrant executed and multiple firearms seized.  Crown seeks initially seeks to have W held without bail.  W retains Mr. Anderson who secures W’s release on bail and begins discussions with Crown Counsel.

Result: After lengthy negotiations, Crown agrees to proceed by way of Section 810 Peace Bond.  All Criminal Charges are dropped.

All Charges Dropped; No Criminal Charges; No Criminal Record. 

 

Regina (Crown) and Director of Civil Forfeiture vs. B [2014] Vancouver

Circumstances:  B is suspected of buying and reselling stolen property.  B is target of undercover police operation resulting in B’s vehicle being seized as offence related property.  Police advise they are seeking forfeiture of the vehicle.

Result:  Mr. Anderson promptly files application with the Courts for return of the vehicle.  Crown, upon learning of the Application, examines circumstances and agrees to not oppose the Application.  When Police are advised, they forward case to Director of Civil Forfeiture, who commences an action to forfeit the vehicle.  Mr. Anderson then discloses the legal arguments he intends to advance and the Director abandons the attempt to obtain forfeiture.

Vehicle Returned

 

Regina (Crown) vs. S [2014] Vancouver

Circumstances:  S involved in a sporting event and becomes involved in a physical altercation with opposing player.  Opponent is injured and requires ongoing treatment for several months after event.  S charged with assault causing bodily harm.

Result: Matter is set for trial with defence ready to proceed.  Mr. Anderson discloses defence to the Crown who agrees to then allow S to plead to lesser offence of common assault.  Even though S has previously received conditional discharges for two earlier offences, Court orders another conditional discharge.  S has no criminal record.

No Criminal Record.

 

Regina (Crown) vs. S [2014] Abbotsford

Circumstances:  S charged with assaulting two children in his care.  S also subject of Application for Firearms Prohibition.  Six firearms seized, Crown seeking forfeiture of guns.

Result:  S retains Mr. Anderson who negotiates with Regional Crown Counsel to prevent S from being fingerprinted.  Mr. Anderson also has discussions with investigating Social Worker.  Trial date set.  In the week prior to the trial, after lengthy discussions, Crown agrees to drop all criminal charges, withdraw Firearms Application, and return all guns in return for a Common Law Peace Bond.

No Criminal Charges. No Criminal Record. No Firearms Prohibition. All Guns returned.

 

Regina (Crown) vs. K [2014] North Vancouver

Circumstances:  K and his girlfriend have an altercation in a public space witnessed by others.  Allegations that K trips, kicks, and head-butts the Complainant.  K charged with assault.

Result: After lengthy negotiations with Crown Counsel, K pleads guilty to pushing the complainant.  No finding nor admission of tripping, kicking, nor head-butting.  K granted a Conditional Discharge

No Criminal Record.

 

Regina (Crown) vs. M [2014] Surrey

Circumstances: M is contacted by police and asked to cooperate into investigation into an indecent act.  Told he is going to be charged.

Result: M retains Mr. Anderson who contacts investigating officer and acts to prevent client from making any statements.  Investigation stalls and no charges laid.

No Criminal Charge; No Criminal Record

 

Regina (Crown) vs. D [2014] Port Coquitlam

Circumstances: D is charged with Break and Enter.  G enters a guilty plea and is due to be sentenced.

Result: G retains Mr. Anderson who successfully applies to have the guilty plea struck. Mr. Anderson then negotiates with Crown and has G admitted into alternative measures resulting in no criminal conviction.

No Criminal Conviction; No Criminal Record 

 

Regina (Crown) vs. G [2014] Surrey

Circumstances: G charged with driving while prohibited.  If convicted, G faces a minimum one year driving suspension.

Result: After lengthy negotiations with Mr. Anderson, Crown agrees to G pleading guilty to driving without a licence under the Motor Vehicle Act and to no driving prohibition.

No Criminal Conviction; No Driving Prohibition

 

Regina (Crown) vs. E [2014] Surrey

 

 

 

Circumstances: E arrested for sexual assault and released on strict bail conditions.

Result: After meeting with Mr. Anderson and reviewing the available evidence, Crown concludes that there is not sufficient evidence to support a criminal charge.

No Criminal Charge; No Criminal Record; Bail Conditions dropped. 

 

Regina (Crown) vs. M [2014] Port Coquitlam

Circumstances:  M charged with assaulting fellow inmate at Correctional Centre.  Alleged assault captured on surveillance video.

Result: After reviewing available evidence with Mr. Anderson, Crown Counsel concludes charge approval standard not met.  All Charges Dropped

No Criminal Conviction

 

 

Regina (Crown) vs. C [2013] Surrey

Circumstances: C detained by Border Services due to suspected impaired driving. Breath Samples taken and C arrested for impaired driving.

Result: After communication with Crown Counsel, no criminal charges laid and no additional driving prohibition.
No Criminal Charges; No Criminal Record

 

Regina (Crown) vs. D. [2013] Port Coquitlam

Circumstances: D charged with assault after altercation with spouse. Allegations that spouse is afraid of D. Ongoing fear on the part of spouse is capable of being used to further her claims in Family Court.

Result: After lengthy negotiations with Crown Counsel, client enters into Common Law Peace Bond. Criminal Charges and Criminal Code section 810 Peace Bond Application withdrawn.
No Criminal Record; No finding that spouse fearful of D.

 

Regina (Crown) vs. W [2013] Vancouver

Circumstances: W detained by police during a traffic stop. Vehicle searched without warrant and large amount of cash seized. Police apply for forfeiture of money.

Result: After challenging the evidence on the forfeiture application, money is returned.
No Criminal Charges; Money returned

 

Regina (Crown) vs. A [2013] New Westminster

Circumstances: A alleged to have sexually assaulted students years earlier while employed as a teacher. Current complaint and investigation.

Result: Client accepted lawyer’s advice regarding his rights. Mr. Anderson discusses case with Lead Investigator and no charges laid.
No Criminal Charges; No Criminal Record

 

Regina (Crown) vs. N [2013] Surrey

Circumstances: S arrested for domestic assault based upon a report from an off-duty police officer. Arrested and released on No-Contact order.

Result: After meeting with Crown Counsel, no criminal charges laid and No-Contact order deleted.
No Criminal Charge; No Criminal Record

 

Regina (Crown) vs. B. [2013] Port Coquitlam

Circumstances: B arrested for impaired driving after multiple vehicle collision. Other drivers call police as they suspect B to be impaired. Police attend and B charged with Impaired Driving.

Result: After lengthy negotiations with Crown and significant challenge to admissible evidence, B. pleads to Motor Vehicle Act Offence. All Criminal Charges dropped.

No Criminal Record.

 

Regina (Crown) vs. P [2013] Vancouver

Circumstances: P had pleaded guilty with another lawyer and been sentenced for an offence of violence. As a result, his firearms had been seized and the police were refusing to release them.

Result: After negotiations with the Police, the firearms were returned to P’s brother, who was entitled to possess firearms.
Firearms Returned

 

Regina (Crown) vs S [2013] Vancouver

 

Circumstances: S was charged with trafficking in crack cocaine.  It was alleged that he was the employer of a street trafficker.  The Prosecution relied on the expert opinion of a Detective with the Vancouver Police.  At the Supreme Court Trial, Mr. Anderson attacked the opinion of the expert.

Result:  After lengthy cross-examination by Mr. Anderson, the Court did not accept the evidence of the expert and S was acquitted.

Not Guilty; No Criminal Record

 

 

Regina (Crown) vs. F [2013] Port Coquitlam

Circumstances:  F charged with assault after confrontation with male outside local restaurant.  Retains Mr. Anderson who sets the matter down for earliest trial date possible.

Result:  Approximately three weeks later, F was acquitted

Found Not Guilty; No Criminal Conviction

 

Regina (Crown) vs. P [2013] Port Coquitlam

Circumstances:  P pulled over while driving work vehicle.  History of Motor Vehicle Act Violations and P is charged with Driving While Prohibited.  Facing a minimum penalty which includes a 1 year additional Driving Prohibition which would cause P to lose employment.

Result:  After lengthy negotiations with Crown Counsel, P pleads guilty to lesser offence of Driving Without a License.

No Further Driving Prohibition.  P is able to continue working. 

 

Regina (Crown) vs. P [2013] Vancouver

Circumstances:  P was arrested for solicitation of a prostitute after approaching undercover female officer.

Result:  After negotiations with Crown Counsel, no charges laid.

No Criminal Charges; No Criminal Record

 

Regina (Crown) vs. T [2013] Surrey

Circumstances:  T arrested at the border on an outstanding warrant for uttering threats.  Held in custody for a weekend bail hearing.  During the weekend bail hearing, T alleged to have threatened the life of the sitting Justice of the Peace who was hearing his bail application.

Result:  After discussions with Crown, original charge of threatening dropped and no charges laid for remarks during the weekend bail hearing.  T released from custody.

All Charges Dropped; No Criminal Record

 

Regina (Crown) vs B [2013] Port Coquitlam

Circumstances:  B serving a Conditional Sentence.  Alleged to have breached his Conditional Sentence.

Result:  On Trial Date, Mr. Anderson discloses the defence to the Crown.  Breach charge dropped.

No Further Penalty; Conditional Sentence Reinstated. 

 

Regina (Crown) vs K [2013] Vancouver

Circumstances:  K and his girlfriend going through an acrimonious breakup with allegations of infidelity and threatening behaviour.  K arrested at former girlfriend’s residence at 4 AM and charged with uttering threats.

Result:  After months of negotiations and bail variations, Crown agrees to drop all Criminal Charges and K agrees to a Peace Bond.

No Criminal Conviction; No Criminal Record.

 

Regina (Crown) vs [2013] Surrey

Circumstances: S in residence when police execute Search Warrant.  Many prohibited firearms are recovered from the apartment.  S arrested and charged with multiple firearms offences and held in custody.

Result:  Review of evidence and discussions with Crown Counsel lead to all charges being dropped and S released from custody.

All Charges Dropped; Client Released from Custody; No Criminal Conviction. 

 

Regina (Crown) vs R [2013] Port Coquitlam

Circumstances:  R arrives at the matrimonial home.  Finds spouse with new romantic partner, confirming suspicions of infidelity.  Altercation ensues and R charged with assault.

Result: After months of negotiations and attack on the Crown’s case, all charges dropped.

All Charges Dropped; No Criminal Record. 

 

Regina (Crown) vs N [2013] Vancouver

Circumstances:  N pulled over for speeding while driving with a friend.  Search of vehicle leads to discovery of approximately one pound of marijuana in the back seat.  Charged with Possession for the Purpose of Trafficking.

Result:  Acquitted.  Trial Judge accepts the arguments advanced by Mr. Anderson and finds N not guilty.

Acquitted; No Criminal Record. 

 

Regina (Crown) vs A [2013] Surrey

Circumstances:  A pulled over while driving with friends.  Search of vehicle leads to discovery of drugs in vehicle.  A arrested for Possession for the Purpose of Trafficking.

Result:  After discussions with the Crown Prosecutor, A referred to the Alternative Measures Program.  No Drug Charges.

No Charges Laid; No Criminal Record; No Drug Record. 

 

Regina (Crown) vs G [2013] Port Coquitlam

Circumstances:  G arrested on property of house under renovation.  Some of homeowner’s property had been removed and placed into a nearby vehicle.  G charged with Break and Enter.

Result:  Shortly before trial, Mr. Anderson disclosed the defence to the Crown.  Crown could not overcome the defence with the available evidence and dropped all charges.

All Charges Dropped; No Criminal Conviction. 

 

Regina (Crown) vs S [2013] Surrey

Circumstances:  S arrested outside probation officer while in driver’s seat of vehicle.  Search of vehicle reveals multiple cell phones and drugs.  Expert evidence that all consistent with drug trafficking.  Charged with Possession for the Purpose of Trafficking.

Result:  At trial, Mr. Anderson successfully argued that S’s Charter Rights to be Free From Arbitrary Detention and Free From Unreasonable Search and Seizure were violated.  All evidence ruled inadmissible.  S found Not Guilty.

Acquitted; No Criminal Conviction.