Cases
Recent successful cases
Rick Muenz, Senior Defence Lawyer
Sexual Assault
a. Cases Involving Adult Complainants
b. Cases Involving Child and Youth Complainants
Case #4001:
My client was called in by the Calgary Police Service for an interview and was ultimately charged with sexual assault of a minor, sexual interference of a child under 16 years of age and invitation to sexual touching. The complainant was the child of my client’s friend. My client was adamant the alleged actions never took place. Having discovered numerous inconsistencies in the complainant’s story given to her mother and to the police, along with other flaws in the case, the matter was set for Trial in the Court of Queen’s Bench. The week before the Preliminary Inquiry I contacted the Crown Prosecutor to point out the flaws in the child’s version of events, which ultimately lead to the Withdrawal of the charges. My client avoided a Criminal Record and going to Jail and was not placed on the Sex Offender Registry.
OUTCOME: Charges Withdrawn.
Case #4004:
My client was accused by his teenage daughter of sexual assault. He maintained his innocence but was forced from the family home while his charges were before the courts. On the first day of Trial at the Court of Queen’s Bench, and after prolonged discussions with the Crown Prosecutor, he agreed to withdraw the charges if my client went for counseling during a 12- month period of probation. Given that he was in senior management in a company involved with vulnerable individuals he was able to keep his job.
OUTCOME: Charges Withdrawn. Peace Bond.
Case #4006:
My client was accused of sexual assault, sexual touching of a minor and sexual interference of a minor by one of his nieces. Because he did not approach my law firm before speaking to the detective, he was extensively interrogated and made what seemed to be a confession to the allegations. At a lengthy Court of Queen’s Bench Trial I was able to interpret the so-called confession as a misunderstanding given that though it appeared that the detective had manipulated him into a confession concerning these incidents involving his niece, instead my client had admitted to having been the victim of a sexual assault himself at the hands of a
primary school teacher. My client was found Not Guilty by the Trial Judge.
OUTCOME: Not Guilty after Trial.
Case #4020:
My client, whose wife ran a day-home in the family home, was accused by one of the children of sexual assault. He was charged with that charge, in addition to charges of sexual touching of a minor and invitation to touching. Given the many inconsistencies and contradictions I found in the complainant’s version of events, the charges were Stayed on the first day of trial, thereby allowing my client and his family members to avoid having to testify.
OUTCOME: Charges Withdrawn at Trial.
Case #4102:
The client was a father of six children widely known for his calm and easy-going demeanor. One of his stepchildren accused him of inappropriately touching her and, as a result, the police charged the father of sexual interference with a minor. In addition to conducting a preliminary inquiry, I had to dispute the prosecutor’s case and the allegations throughout a five-day trial. My arguments at trial succeeded and the client was found not guilty by the court.
OUTCOME: Acquitted at trial.
Case #4103:
The client was steadfast in his assertion that he was innocent. He was accused by a 13 year-old complainant of sexual assault. The police charged the client accordingly but the trial was repeatedly postponed. As a result, I argued that the delay was unreasonable and violated my client’s rights to a trial within a reasonable time. I also made an application to the court to ensure that all the exculpatory evidence was admitted in trial. When trial finally concluded, I was successful and the client was acquitted on all charges.
OUTCOME: Found Not Guilty at trial.
Case #4105:
Allegations by an adolescent neighbour saw this client face serious sexual assault and sexual exploitation charges. Fortunately, I was contacted by the client before he was charges so I was able to provide critical legal advice in the crucial pre-charge phase. As a result, the client knew exactly what to tell the police officers and, more importantly, what not to tell the police officers. While the client was subsequently charges, my persuasive negotiations with the Crown Prosecutor assigned to the file helped the client immensely. Ultimately, he avoided a conviction on both charges. In fact, the judge was persuaded to grant a conditional discharge to a guilty plea of simple assault, meaning the client avoided going to trial and a criminal record altogether.
OUTCOME: Found Not Guilty at trial.
Assaults
a. Aggravated Assault Cases
Case #4014:
My client, a young father, was charged with aggravated assault after he threw his 5-year-old son on the couch while disciplining him. The boy bounced off the couch and struck the floor with his head. My client, along with his wife and mother immediately took the boy to a nearby hospital and explained what had happened. My client was charge with aggravated assault and removed from the family home. After many months of dealing with Child and Family Services, the Crown Prosecutor and my client and his family, I was able to have the charges reduced and to obtain a non custodial sentence for my client. He was re-united with his wife and child.
OUTCOME: Reduced charge and No Jail.
Case #4012:
My client, a woman in her eighties, who had no Criminal Record was charged with aggravated assault after she stabbed her elderly husband with a broken wine glass resulting in his prolonged hospitalization and ultimate placement in long-term care. Though I was unsuccessful in having my client found unfit to stand trial and of being incapable of understanding the consequences of her actions, I was able to get the charge reduced to assault causing bodily harm along with a sentence of probation even though the original charge almost always attracts a lengthy jail sentence.
OUTCOME: Reduced charge and Probation.
b. Assault with a Weapon Cases
Case #4011:
My client was charged with 2 counts of assault with a weapon against her preadolescent nephew while he was in her care. Armed with a positive report of her character by a probation officer, a psychological report stating she was unlikely to re-offend and numerous character reference letters showing strong family and community support, I was able to convince the Judge before whom she plead guilty to a single count of common assault that she should be discharged, thus avoiding a Criminal Record which would have slowed her citizen application process and possibly have had a negative impact upon her employment.
OUTCOME: Reduced charge and Discharge.
Case #4018:
My client and a friend were outside Cowboys Casino where they got involved in a verbal altercation with a taxi drive. It turned physical and ultimately my client and his friend were charged with assault and assault with a weapon. Prior to the Trial of the matter, I was able to persuade the Crown Prosecutor to divert my client into the Adult Alternative Measure Program (AMP). After his successful participation in the program, the charges were ultimately withdrawn against him.
OUTCOME: Diversion and Withdrawal of Charges.
Case #4016:
A client, for whom I had beaten a DUI case at trial, called to say he had been charged by a tenant of his of assault with a weapon. After a careful review of the file and correspondence with the assigned Crown Prosecutor, the charge was stayed, and my client avoided a Criminal Record for a second time.
OUTCOME: Charges Stayed.
Case #4304:
My client instigated a road rage incident and was responsible for both attacking the complainant with a baton and for crashing his vehicle into their open driver’s side door. My client voluntarily admitted to the police that he was at fault but also that it was unintentional. He was charged under the Traffic Safety Act for fleeing the scene of an accident and twice criminally for assault with a weapon. Following extensive negotiations with the Crown prosecutor, I was able to ensure my client avoided jail time for what were very serious “road rage” criminal charges. Instead, the client was placed on probation with conditions for one year.
OUTCOME: Given a probation.
c. Assault Causing Bodily Harm Cases
Case #4028:
My client, a high school student and football player, was charged with assault causing bodily harm after an incident at his school. My client broke the jaw of the victim, resulting in hospitalization and expensive dental restoration. Upon review of the Crown disclosure, it appeared my client could not claim self-defense, especially given the serious injury to the victim. Therefore, my client plead guilty, but instead of entering a conviction, my sentencing submissions served to convince the Judge to impose a Conditional Discharge with probation.
OUTCOME: Discharge.
d. Assault of a Police Officer Cases
Case #4013:
My client was charged with assaulting a police officer by kicking him with her stilettos when he arrested her for a minor bylaw matter. I persuaded my client to undergo some counseling and ultimately was able to obtain a Discharge for her rather that a Criminal Conviction.
OUTCOME: Discharge.
Case #4032:
My client, going to the aid of her brother who was being arrested by a police officer, found herself also being arrested. They were both charge with the obstruction of a police officer in the execution of his duty. After reviewing the full police report and meeting with a Crown Prosecutor, I was able to persuade her to withdraw the charges against both siblings.
OUTCOME: Withdrawal of Charges.
e. Domestic Assault Cases
Case #4016:
My client, a man in his mid-sixties, who had a clean record, was charge with several domestic violence charges including assault causing bodily harm, choking and common assault. The charges were reduced to a single count of common assault and he was placed on probation. During the time the charges were in the court system and afterwards while on probation, my client breached his conditions multiple times. I was successful each time in getting him released from jail and having the charges withdrawn.
OUTCOME: Charges Reduced or Withdrawn and Probation.
Case #4019:
My client, who was pursuing a career in finance, and could therefore not afford to have a Criminal Record, was accused of assaulting his ex-girlfriend. After retaining me as his lawyer, I was able to confer with the Crown Prosecutor and had the charge withdrawn before they were even scheduled for trial. And with no Criminal Record he was able to continue to pursue his chosen career.
OUTCOME: Charge Withdrawn.
Case #4024:
My client was accused by a former girlfriend of assault causing bodily harm, threats of bodily harm or death, choking, unlawful confinement and theft. After working with him and his family building a defense to these charges, we attend on the Trial date and the Crown Prosecutor withdrew all charges against him. After the passage of one year I also had his Police Record (Fingerprints and mugshot) removed from each of the police archives they housed at, therefore, nothing about this incident remains.
OUTCOME: Charges Withdrawn
Case #4027:
Another domestic violence case involved a client who had pushed down his wife resulting in her fracturing a vertebra. He was charged with assault causing bodily harm. Initially, due to the severity of the injury the Crown Prosecutor refused to reduce or withdraw the charge, however, I was eventually able to have my client into a Peace Bond with counseling for Domestic Violence. He avoided a Criminal Conviction and continued to reside in the family home with his wife.
OUTCOME: Charge Withdrawn and Peace Bond.
f. Common Assault Cases
Case #4023:
My client, who lived in a small city near Edmonton, had a confrontation with neighbors which resulted in him facing charges of assault against 2 individuals. He plead not guilty and on the day of Trial, I was able to convince the Crown Prosecutor to withdraw the charges against him, and he was given a Peace Bond.
OUTCOME: Charges Withdrawn. Client given a Peace Bond.
Impaired Driving Cases
a. Criminal Impaired Driving Offences
Case #4201:
When the police officer stopped this client for a minor traffic safety infraction, he decided to pursue impaired driving charges because he allegedly smelled alcohol in the client’s car. The client denied drinking that night and was, in fact, driving his friend home. Regardless, the officer demanded he submit to a breathalyzer and the client failed to provide a suitable breath sample. He was subsequently arrested for impaired driving and for failing to provide a suitable breath sample. The police officer also gave the client an administrative licence suspension. Through carefully constructed arguments, I convinced the Crown Prosecutor responsible for the case that his charges should be withdrawn. I was also able to have the administrative licence suspension cancelled. As a result, the client was able to return to his lucrative driving job in the oil & gas industry.
OUTCOME: Charges withdrawn.
Case #4202:
This client was observed driving erratically by several witnesses. As a result of their reports to the police, the client was located in a vehicle parked on the side of the road. When the police apprehended our client, they suspected she had been drinking. What appeared to be an easy conviction for the prosecution turned out to be a much more difficult and complicated case. I fought hard at trial to defend the rights of my client, which had been infringed by the police officers at the time of arrest. My arguments were accepted by the presiding judge and she was allowed to testify with the assistance of a support goat, a first in our jurisdiction. The client was found not guilty and her administrative licence suspension was also lifted.
OUTCOME: Acquitted at trial.
Case #4203:
This client was a hard-working healthcare employee who decided to spend the night in his car one evening to sleep off his intoxication. A couple of concerned citizens found him sleeping in his car at noon the next day and called they called 9-1-1. When the police arrived, they found the client still heavily intoxicated, however, he had not driven anywhere in that state. In fact, it was never his plan to drive while he was intoxicated. Despite this, the police arrested my client for impaired “care and control” of a motor vehicle, which meant he lost his driver’s license and was facing serious criminal charges. The prosecutor on the case was unwilling to resolve the matter outside of court, so it went to trial. Amongst other issues, I argued that my client’s rights had been infringed by the police. We were successful at trial and the client was found nto guilty.
OUTCOME: Acquitted at trial.
Case #4204:
Because a witness reported this client’s erratic driving, the police stopped him for a roadside breath demand. He failed to provide a proper sample of his breath and he was subsequently arrested for refusing to comply with the demand. What the police officers didn’t know was that the client suffered from Post Traumatic Stress Disorder (PTSD) as well as other serious health conditions. By bringing this to the prosecutor’s attention and by arguing for the client’s innocence, the prosecutor agreed to withdraw the charges. No trial was necessary in this case.
OUTCOME: Charges withdrawn.
Case #4205:
Three civilians observed this client swerving, driving over the curb, and parking at a fast-food restaurant. One of them recorded the incident on his phone and reported it to the police. When the police arrived, the client was pulled from the restaurant and they demanded that he provide a breath sample. The client was taken to the police detachment and he was charged with impaired driving. It was obvious to the police officers that the client, who was a very recent immigrant, was unable to understand them. They remained impatient and decided to forego providing the client a reasonable opportunity to contact his lawyer. I argued at trial that my client’s Charter rights were infringed (in particular, the ‘right to counsel’) and that the police officers had a duty to ensure my client understood his rights, despite the language barrier. I was successful and the client was acquitted at trial.
OUTCOME: Found not guilty at trial.
Case #4206:
This client was reported to the police by a civilian at a gas station, who commented that she “appeared drunk.” The police found this client in her vehicle, parked at a restaurant’s parking lot. They demanded she comply with a roadside breathalyzer test. Despite trying her best on eight occasions to blow into the breathalyzer, the police considered it a failure to provide breath sample and charged her accordingly. I informed the Crown prosecutor assigned to the file that she did in fact have a medical excuse for failing to provide a breath sample and I negotiated a stay of proceedings. The Crown prosecutor agreed and granted the stay. meaning we avoided going to trial. A stay of proceedings also meant that my client avoided a criminal record and any punishment whatsoever.
OUTCOME: Negotiated a stay.
Case #4207:
The police pulled this vehicle over because the driver, our client, had driven through an intersection when the traffic lights were exhibiting flashing red. Although the client was driving over the speed limit and didn’t stop at the intersection, there was no other indication that his ability to drive was impaired by alcohol. Nevertheless, the police demanded that he comply with a breathalyzer test and an impaired driving investigation commenced. He was arrested for driving while impaired and for having more than 80 mg of alcohol in 100 ml of blood, contrary to section 320.14 of the Criminal Code of Canada. To make matters worse, my client had only been in Canada for a month, meaning his English language skills were clearly limited. Despite this, the police did not try to help my client understand his rights upon arrest. Before trial, I argued both that the officers failed in their duty as peace officers and that there was no evidence of impaired driving. I succeeded at convincing the prosecutor and he agreed to withdraw the charges.
OUTCOME: Withdrawn before trial.
Case #4208:
A serious single motor vehicle accident was witnessed by several civilians, who all gave statements to the police. The client, who was discovered in the vehicle’s driver seat, was first attended to by the emergency medical services and the fire department. When the police arrived, they arrested the client for impaired driving while he was still in the ambulance. At trial, I argued that the client was not guilty on the basis that the evidence of impairment should be excluded since the police infringed my client’s rights. In particular, I argued that the police failed to provide my client with his right to counsel, a right everyone has upon arrest or detention pursuant to the Charter of Rights and Freedoms. This was a successful argument and it led to my client’s acquittal.
OUTCOME: Found not guilty at trial.
Case #4209:
After observing unusual driving behaviour, the police officer stopped this client to check her licence, registration, and sobriety. The client admitted to the officer that she had a single glass of wine over an hour before. She was then asked to comply with a roadside test, which resulted in a “fail” read-out. The police officer brought the client to the detachment, where she provided additional breath samples for analysis and was arrested for impaired driving and for having more than 80 mg of alcohol in 100 ml of blood. In my careful analysis and review of the police investigation, I determined that the police served the wrong certificates of analysis on my client, meaning the breath sample results could not be verified. I approached the Crown prosecutor with this fatal error and they agreed to withdraw the charges altogether.
OUTCOME: Charges withdrawn.
b. Administrative Licence Suspensions
Case #4301:
This client was under a strict court order not to consume any alcohol. When he (and his wife) visited a friend, he limited himself to a single can of low alcohol 0.5% beer. On his way home, he was pulled over by a police officer for speeding and he was asked to provide a roadside breath sample. The client became acutely aware of his heightened jeopardy. If he provided a breath sample, it may have read a result that, although below the legal limit, would suggest he had breached his court order. He chose not to provide a breath sample, therefore he was given an Immediate Roadside Sanction (IRS) and lost his driver’s license. I made written submissions on behalf of this client, arguing that his failure to provide a breath sample should be set aside. I was successful and ensured that his license was no longer suspended.
OUTCOME: Licence restored.
Case #4302:
On his way home, this client was required to suddenly swerve out of the way to prevent collision with an animal. In doing so, he rear-ended a parked vehicle, causing the airbags in his car to deploy. He was left with a bloody nose and in a heavy state of shock. When police arrived, they attempted to get a breath sample from the client but he was incapable of doing so, given his physical and emotional state. Regardless, the police gave the client an immediate roadside sanction and suspended his licence. After reviewing the file in detail, I made lengthy written submissions for this client and succeeded in getting the suspension lifted.
OUTCOME: Licence restored.
Case #4303:
On her way home, this client was observed driving with hazard lights on and swerving within her lane. An on-duty officer was dispatched to the area and found my client at home shortly thereafter. When she answered the door, my client promptly and sensibly informed the police officer that she was ill. The police officer wasn’t convinced and instead came to the conclusion that her ability to drive was impaired by alcohol or drug. According to the police officer’s notes, this was because she was moving slowly, didn’t answer questions quickly and had “droopy eyelids and mascara running to her jaw line”. Later, when the client was taken to the police detachment, she explained to the arresting officer that she must be experiencing food poisoning. Nevertheless, she was given an administrative license suspension. After she was released, she attended the emergency department at a hospital, where she was treated for food poisoning. The hospital’s lab results also confirmed that she did not have alcohol or drugs in her body. By expertly arguing that the food poisoning was the reason behind my client’s unusual appearance and erratic driving, I was able to have the license suspension lifted.
OUTCOME: Licence restored.
Other Cases
a. Criminal Harassment Cases
Case #4008:
My client, a young man, had sent lewd photos of himself to the complainant when he was high on drugs. He also continued to pursue her, hoping to initiate an intimate relationship. Then, in a futile attempt to stop her from reporting the matter to the police, he offered her money. He was charged with numerous offenses including Criminal harassment and obstruction of justice. However, discussions with the Crown Prosecutor over many months and with numerous character reference letters and proof of counseling, my client plead guild to reduced charges and was granted a Conditional Discharge. After his probation has been successfully completed his discharge will become absolute and he will have no Criminal Record.
OUTCOME: Reduced charges and Discharge.
Case #4029:
Following a breakup between my client and his girlfriend, my client repeatedly harassed her by communicating with her. She blocked him on Facebook and told him she would go to the police if he continued. My client sent further email to her, her friends and family members. He was charged with Criminal Harassment, however my client only learned of the charge when traveling back home from the USA. In attempting to resolve the case in the best way possible, I was able to point out to the Crown Prosecutor that none of the communications, both before and after the warning, contained any threats of violence. Furthermore, I emphasized that there had been no allegations of actual violence in the relationship itself. Also, once charged, my client never contacted her again. I persuaded the Crown Prosecutor to allow the charge to be moved to Calgary to allow for my client to enter into a Peace Bond and have the charge withdrawn. His employment in the healthcare profession was preserved as a result of this result.
OUTCOME: Charges Withdrawn. Client given a Peace Bond.
b. Drug Offences
Case #4032:
My client unwittingly sold cocaine to an undercover police officer but was not arrested until he was returning to Canada from a trip to the US several years later. He was detained at the Calgary International Airport and charged with Cocaine Trafficking and being in possession of Proceeds of Crime. Despite my client having straightened out his life, having secured meaningful employment and starting a family, the Crown Prosecutor sought a multi-year jail sentence in this case. However, my argument pursuant to the Canadian Charter of Rights and Freedoms that, due to the delayed arrest, my client’s right to a trial within a reasonable time had been breached. This persuaded the Crown Prosecutor to Stay the charges before Trial.
OUTCOME: Charges Stayed before Trial.
Case #4031:
When a motor vehicle of a similar make and model to my client’s vehicle was reported stolen, he was subject to a traffic stop by the police. The officer conducting the traffic stop searched my client’s vehicle and discovered a significant amount of cocaine leading to charges of Possession for the purpose of Trafficking and Possession. All charges against my client were withdrawn at Trial on the strength of the illegal search argument I provided to the Crown Prosecutor.
OUTCOME: Withdrawal of all charges at Trial.
Case #4030:
My client was initially charged with multiple counts of Possession for the Purpose of Trafficking including oxycodone, fentanyl amongst other drugs. He was also charged with Trafficking under the Cannabis Act. After extensive discussions with the Drug Prosecutor and after he had received notice of the ‘Search and seizure’ argument I was going to make at trial, he agreed to allow my client to avoid jail through a plea bargain arrangement.
OUTCOME: Plea bargain and avoidance of a certain jail sentence.
Case #4017:
My client, the mother of several children, who had no criminal record, was charged with cocaine Trafficking when the man she met at an out of town hotel convinced her to sell him some cocaine. He turned out to be an undercover police officer. Prior to the Trial, I sent the Crown Prosecutor a lengthy legal argument outlining how this was clearly ‘entrapment’ and therefore breached my client’s Charter rights. The Crown Prosecutor withdrew all charges only days before the trial.
OUTCOME: Withdrawal of all charges.
c. Property Offences
Case #4025:
The mother of a young woman called me to retain my legal services, as her daughter was facing 11 Criminal charges, including 7 counts of Possession of Stolen Property. I was able to persuade the Crown Prosecutor to allow her to plead guilty to only 1 count, in return for the withdrawal of the 10 remaining charges. She avoided jail and was placed on probation.
OUTCOME: Probation and withdrawal of 10 of 11 charges.
Case #4015:
My client, who had fallen into a serious drug addiction went to rehab, where he met up with some nefarious characters. When he relapsed after release from the rehab centre, he was convinced by these individuals to perpetrate several frauds at various bank locations in central Alberta. He was subsequently charged with multiple counts of ID Fraud, False Pretenses and Forgery. With family support and following extensive negotiations with the Crown Prosecutor, my client obtained a community-based sentence and avoided serving a lengthy jail sentence.
OUTCOME: Conditional sentence and avoidance of jail.
d. Firearms and Hunting Offences
Case #4034:
My client, an avid hunter who hoped to become a licensed hunting guide was charged with 6 counts pursuant to the Wildlife Act and Trespass Act. Ultimately a satisfactory resolution was agreed upon with the Crown Prosecutor allowing my client to resume hunting after 1 year, along with the payment of a donation to the Fish and Wildlife DNA Program, since the case had involved DNA evidence of a trophy big-horn sheep.
OUTCOME: Client allowed to resume hunting after 1 year.
Case #4033:
My client, a man in his sixties who was a long-time lawful gun owner was charged with numerous Firearms offences when his ex-partner reported him to police. He faced 4 counts of Careless Storage of a Firearm, 5 counts of Possession of a Prohibited Weapon and 10 counts of Unauthorized possession of a Firearm. My continued attempts to resolve the matter with the Crown Prosecutor without a significant jail sentence, which was mandatory for these offences under the Criminal Code of Canada at the time, went unheeded, so the matter was set for a
Trial. At the Trial I was able to convince the Crown Prosecutor to withdraw all charges in return for my client entering into a Peace Bond with Probation.
OUTCOME: All charges withdrawn and a Peace Bond.
