Vincent's Case — Possession Narcotic — Withdrawn

Client:  Vincent, Accused
Complainant:  Toronto Police Force, 14 Division
Charge:  Possession Marijuana

Background:  Vincent was allegedly caught driving with marijuana roaches in his ashtray. He was charged with possession of a controlled substance.

READ THE POLICE REPORT

Goals:  Vincent wanted the charge withdrawn or dismissed.

Strategy:  The Crown was not sympathetic: driving and marijuana don't mix, and Vincent should suffer the consequences. The other problem was that Vincent had a criminal record for trafficking in narcotics. Vincent didn't want to plea guilty, so we scheduled the trial. Our defence was that the evidence should be thrown out because the search was illegal. Shortly before trial, however, I received notice that the arresting Officer was unavailable, and that the Crown was seeking to delay the trial. Vincent was not happy. The case was over 6 months old, and he was anxious to proceed. I notified the Crown that we were opposing their request, and that we would have to argue the matter in front of the Judge. If I could convince the Judge that the Crown was negligent, the Judge might order the Crown to proceed with or without the missing witness.

Results:  We attended Court to make our submissions to the Judge. I argued that the Crown did not provide a sufficient explanation for the scheduling mix-up, and was not, therefore, entitled to an adjournment. The Judge was not fully convinced, so I suggested that the Judge give the Crown a few days to provide further information. The Judge agreed, and adjourned the case for two days. When I attended Court two days later, the Crown did not have any additional information. The charge was withdrawn that day.

READ THE TRANSCRIPT of the adjournment REQUEST