Recent Representative Provincial Court Outcomes for Defendant Clients
Acquitted of All Charges
Client was charged with assault causing bodily harm, assault mischief, and uttering threats. Following cross-examination by Dr. Lugosi, the complaint’s evidence fell short of convincing the judge to find guilt beyond a reasonable doubt. The client was acquitted of all charges, after several days of trial.
Acquitted of All Charges
Client was charged with mischief for damaging a motor vehicle that was driven in such a manner as for him to fear for his safety. Dr. Lugosi rigorously cross-examinated the complainant, and damaged her credibility. The trial judge acquitted the client.
Acquitted of All Charges
Client was charged with assault and mischief for attempting to spit on a flag that promoted an ideology that the client disagreed with. It was alleged that spittle struck the complainant. The judge found that there was reasonable doubt and the client was acquitted.
The Value of a Charter Challenge
Client was charged with robbery, assault causing bodily harm, and assault with a weapon. Dr. Lugosi filed a Notice of Constitutional Challenge. Dr. Lugosi argued that constitutional rights under s. 7 of the Charter entitle an accused person to meaningful, timely, and relevant Charter warnings regarding self-incrimination and the right to timely access to counsel. He further contended that the police duty to give a Charter warning does not terminate with the onset of arrest or detention, or a change in circumstances when the legal jeopardy increases or decreases, but extends at a minimum, to just before the police initiate conversation with an accused that is intended to solicit a self-incriminating statement. Rather than risk the law being changed, the prosecution offered a resolution just before the trial to drop all the serious charges in exchange to a guilty plea to common assault and to one day in jail.
Stay of Proceedings
Client was charged pursuant to provisions in the provincial Prevention of Cruelty to Animals Act as a result of information provided to authorities by the client’s own veterinarian. This was a serious matter, since the client faced a 5-year prohibition from having the care or control over animals, for the client was in the business of breeding dogs. Dr. Lugosi investigated the matter and discovered that his client request that the animal be euthanized on a Friday, and the clinic refused to see the animal until Tuesday. On Tuesday, the complainant pressured the clinic into performing futile surgery to extended the animal’s suffering. Given the new information disclosed by Dr. Lugosi, the prosecutor discontinued the case and directed a stay of proceedings.
Peace Bond and Withdrawal of All Charges
Client was charged with assaulting two members of his family and for uttering death threats. Client was a refugee and seeking to immigrate to another country. The case was resolved by a common law peace bond and the withdrawal of all criminal charges. The client’s family is now united and moving to another country.
Peace Bond
Client faced several charges of criminal harassment. A peace bond was agreed to, and all the criminal charges were stayed.
Conditional Discharge
Client was charged with assault causing bodily harm and assault with a weapon. Client faced the risk of deportation if convicted. Client pled guilty to common assault and was given a conditional discharge, even though client was previously given a conditional discharge for an earlier violent attack. The client remains in Canada, has no criminal record, is gainfully employed and has been completely rehabilitated.
Conditional Discharge
Client was charged with sexual assault of a co-worker. The client was at risk for deportation if convicted. Client pled guilty to the included offence of common assault and received a conditional discharge. The client remains in Canada, has no criminal record, and is employed.
Conditional Discharge
Client was initially charged by indictment with robbery, assault with a weapon, and uttering threats. There were other charges too. Client pled guilty to assault with a weapon and uttering threats. All the remaining charges were stayed. The client received a conditional discharge and has no criminal record.
