R. v. W.S.

(Calgary, P.C.). WS was charged with over 80 and mischief to property in Calgary.  Client was acquitted of the driving offence after evidence was excluded due to breaches of section 8 and 10 of the Charter. In WS's case the accused was arrested for mischief to property.  As a result of the mischief to property the accused was owed his section 10(b) "right to counsel" and the police were required to hold off any questioning or evidence collection procedures until the right had been offered and satisfied.  The accused was acquitted of all impaired driving related charges.  The evidence of "mischief" was overwhelming and as such, the trial judge properly convicted of this offence. Mischief, however, is a usually a fairly minor criminal law matter.  This was so in WS's case.  Accordingly, though WS was found guilty of mischief, David Chow successfully argued for an "absolute discharge". An absolute discharge is the best possible sentence flowing from "guilt". Absolute discharge means that though WS was found "guilty", the sentence was such that he would no receive a criminal record.   David Chow may one of many full service Calgary criminal lawyers, but he differs in that he is tested and proven.  David Chow serves Calgary and its surrounding area. He is an experienced Calgary DUI lawyer who routinely secures verdicts of "not guilty" for all driving offences. Call for a free consultation.