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Property Crimes, Possession of Stolen Property and Proceeds of Crime

Regina v. V.L. (2013)

Charges of possession of stolen property x 13 withdrawn prior to setting trial date. V.L. operates a cell phone store but also purchases used items including used cell phones. A raid on his store resulted in the seizure of a number of items and 13 charges of possession of stolen property. Defence lawyer Joseph Neuberger was able to establish through purchase receipts for the alleged items that a number were not stolen and those that were questionable were purchased at a sufficiently reasonable price that it negated willful blindness on the part of the client. In addition, repeated requests of the Crown to produce statements from the owners of the allegedly stolen items remined unanswered. As such, all charges were withdrawn.

Regina v. R.S.D. (2011)

Client found not guilty by reason of mental disorder of charges of Mischief Endanger Life x 2, Possession of Cocaine x 2, and Fail to Comply in the Ontario Court of Justice. The client had been unwell for several years and was untreated. While at his apartment, the client cut the safety ropes to construction scaffoldings outside his balcony, causing the entire structure to fall to the ground and present a hazard to the construction workers. In addition, when investigated, the client was found to be in possession of cocaine. Defence lawyer Joseph Neuberger hired a forensic psychiatrist to assess R.S.D., and as a result, it was found that R.S.D. was suffering from schizophrenia and at the time heard voices that caused him to be confused and unaware that his actions or illegal. After trial, the Judge accepted the defence and found R.S.D. not guilty by reason of mental disorder.

Regina v. T.P. (2011)

Client found not guilty by reason of mental disorder of charges of Mischief Endanger Life x 2, Possession of Cocaine x 2, and Fail to Comply in the Ontario Court of Justice. The client had been unwell for several years and was untreated. While at his apartment, the client cut the safety ropes to construction scaffoldings outside his balcony, causing the entire structure to fall to the ground and present a hazard to the construction workers. In addition, when investigated, the client was found to be in possession of cocaine. Defence lawyer Joseph Neuberger hired a forensic psychiatrist to assess R.S.D., and as a result, it was found that R.S.D. was suffering from schizophrenia and at the time heard voices that caused him to be confused and unaware that his actions or illegal. After trial, the Judge accepted the defence and found R.S.D. not guilty by reason of mental disorder.

Charges of theft x 2, withdrawn prior to setting trial date. The client was alleged to have stolen electronic devices from a colleague at work, and while at an electronics store. Defence lawyer Joseph Neuberger was able to establish that there was no direct evidence of the client stealing and based upon video surveillance, there was not exclusive opportunity. In addition, evidence seized from the client was done in breach of the client's Charter right to be free from unreasonable search and seizure. Accordingly, the charges were withdrawn.

Regina v. K.M. (2011)

Charges of Mischief to Property over $5,000.00 x 3, Weapons Dangerous, and Carry Concealed Weapon withdrawn at trial in the Ontario Court of Justice. The client was arrested based on being identified as a black male matching the description of a suspect who was breaking into vehicles in a nearby parking lot. When searched a knife was seized by the police from K.M. The police gave K.M. his rights to counsel but then drove K.M. to a location where K.M. said he had just come from and then to the scene of the break and enters. Some 32 minutes later the police took K.M. to the police station where K.M. never had the opportunity to speak with counsel. Defence lawyer Joseph Neuberger brought a Charter application alleging violations of sections 7, 8, 9, 10(a) and (b) and sought a stay of the charges. Joseph Neuberger argued that the police did not inform K.M. of the true nature of his detention and failed to act promptly to ensure the client had the opportunity to obtain much needed legal advice. As a result of this compelling argument, the Crown withdrew all charges.

R. v. M.T. (Y.O.) (2010)

Client, along with co-accused, was charged with robbery with a firearm for a robbery of a student of his Air Jordan Nike running shoes. Client retained Mr. Navarrete. Mr. Navarrete conducted several Crown and Judicial Pre-Trials. The matter was set down for a trial. On the day of trial, Mr. Navarrete raised various legal issues including problems with the proof of his client's knowledge of any firearm, whether the firearm was a firearm, and a possible violation of the client's 11(b) Charter right, etc. Crown agreed to resolve the matter to an attempt theft. Judge ultimately gave M.T. an absolute discharge after he successfully completed mediation and community volunteering.

R. v. A.S. (2010)

Client charged with Theft Under $5,000 in Brampton. Client originally retained another lawyer who was unable to convince Crown to divert this matter given its "planning" and video evidence. Client then retained Mr. Navarrete. Mr. Navarrete put together a book of materials including various reference letters and raised immigration issues that would result from a criminal record which included case law. After reviewing Mr. Navarrete's material, Crown withdrew the charges and accused performed community service hours.

Regina v. I.D. (2009)

Charges of Mischief Under and Common Nuisance withdrawn prior to setting trial date on basis on a negotiated settlement where there were extenuating reasons for the commission of the acts in question.

Regina v. C.B. (2008)

Charge of possession over $5,000.00 withdraw at trial in the Ontario Court of Justice as Crown conceded Charter Application brought by defence lawyer Joseph Neuberger challenging the search of the vehicle and subsequent seizure of evidence and confession. The defence established violations of the right to be free from unreasonable search and seizure, right to counsel and to be advised of the reason for detention.

Regina v. S.P. (2008)

Charges of Robbery. x 2 and Assault x 2 withdrawn prior to trial after Joseph Neuberger negotiated withdrawal of all charges based on inconsistencies in the evidence of Crown witnesses.

Regina v. Randhawa (2007)

charges of fraud, stolen credit card, possession of stolen property, possession of credit card data, theft under withdrawn after defence application for outstanding disclosure and challenge to the technical data produced by the Crown successful.

Regina v. R.S. (2006)

Client found not guilty on charges of fraud over $5,000.00, breach of trust and theft over $5,000.00 after three day trial before the Ontario Court of Justice.

Regina v. H.P. (2006)

Charge of fraud under $5,000.00 withdrawn prior to trial.

Regina v. J.G. (2006)

Charges of fraud and counterfeit money withdrawn prior to trial.

Regina v. Tang (2006)

Client acquitted after a two day trial in the Ontario Court of Justice of Possession Stolen Property Over; Possession of Credit Cards and Credit Card Reader, Fraud. Charter Application to exclude evidence based on a violation of the client's rights to be free from unreasonable search and seizure and detention was successful resulting in not guilty verdicts on all counts.

Regina v Zalewski (2005)

Client acquitted after four day trial in the Ontario Court of Justice of 23 counts of possession stolen property over $5,000 and fraud over $5,000.00.

Regina v. Ceballos (2005)

Acquitted after trial on charges of over 80 and possession of credit card reading device. Defence raised credible, reliable "evidence to the contrary" as well as an innocent explanation as to the possession of the credit card reading device. After extensive cross-examination of the police officer, witnesses, and detailed submissions, the client was found not guilty of both charges.

Regina v. T. Cousins and S. Cousins. (2005)

Charges of fraud over x 3, forgery x 3, utter forged documents x 4, possession of a forgery device. Withdrawn at trial after successful Charter Application for violations of Section 7, 8, 9, and 10(b) of the Charter, regarding violations arising from an unlawful search of their apartment.

Regina v. Zelewski (2005)

172 counts of possession of stolen property. All counts withdrawn at trial.

Regina v. C. Crockatt (2003)

Charges of break and enter x5, possession of stolen property, possession burglary tools, breach of probation x5. Client was acquitted after a three-day Charter Application. Judge determined that the Police violated client's rights under Section 8, and that police conducted a warrantless search of the accused's residence. The judge excluded all of the evidence and the client was acquitted of all charges before the court.

Regina v. Mohammadi (2003)

Charges of fraud under and theft under. Client acquitted after a successful 11(b) Charter Application.

Regina v. J.H. (2003)

Charges of member of criminal organization, participate in activities of criminal organization x 2, conspiracy to obstruct justice. All charges withdrawn after challenge on credibility of the main Crown witness.

Regina v. Ahilan Nagarajah (2003)

Charges of fraud over x2, copyright infringement x2. Charges withdrawn after challenge on search warrant.

Regina v. Fisher (2003)

Client found not guilty after trial on charges of Mischief and Breach of Recognizance.

Regina v. Lopresti (2002)

Charges of bookmaking, gaming and betting, proceeds of crime. All charges withdrawn subsequent to constitutional challenge.

Regina v. Zadov (2002)

Charges of Break & Enter, commit indictable offence, not guilty after attack on forensic evidence.

Regina v. Higgins (2002)

Charges of Assault x2, Assault With Weapon, theft Under - charges withdrawn.

Regina v. Ternowetsky (2002)

Charges of Robbery, Assault with Weapon, Mischief, client acquitted at trial.

Regina v. M.H. (2002)

Charges of theft under, assault - withdrawn.

Regina v. Shier (2002)

Charges of theft under - withdrawn.

Regina v. Wong (2002)

Charges of theft under, withdrawn.

Regina v. R.D. (2002)

Charges of theft under, assault, charges withdrawn.

Regina v. A.L. (2002)

Charges of theft over, possession over, fail to stop for police - charges withdrawn.

Regina v. J.H. (2002)

Charges of theft over, possession over, charges withdrawn.

Regina v. Da Silva (2002)

Charges of theft over, acquitted at trial.

Regina v. M.B. (2002)

Charges of Possession of Stolen Property, charges withdrawn.

Regina v. Keyes (2001)

Client acquitted at trial of charges of Robbery, Forcible Confinement.

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