Crown Seeks Suspended Sentence for Simple Possession – All Charges Dropped Before Trial

The client was charged with two other individuals on a multi-count indictment. While the other two individuals were charged with numerous PPT and weapons offences, the client was charged with a single count of simple possession of methamphetamine. Crown’s position was for a suspended sentence with a 12-month term of probation. This sentence would have resulted in the client receiving a criminal record. Upon review of the file, there were numerous issues with the police investigation including:

  • Issues with the client’s detention and arrest;
  • Issues with the police search of the client’s person;
  • Issues with the police decision to conduct a strip search;
  • Issues with delay in facilitating the client’s access to counsel; and
  • Issues with the police failing to release the client from custody as soon as practicable.

After the preliminary inquiry, Crown maintained their position and the file was scheduled for a multi-week trial in BC Supreme Court. During the pre-trial conference, Waugh & Associates filed a comprehensive Charter notice outlining all the issues and arguments that we intended to make at trial. After the pre-trial conference and before the trial began, the Crown abandoned the file and entered a Stay of Proceedings on our client’s charges.

Outcome: Charges Dropped. No Criminal Record.