Once police begin an investigation, is a charge inevitable? No.

Murder & Manslaughter

A murder charge is considered by many to be the most serious charge a person can face, carrying the most severe penalties known in criminal law. A conviction for first degree murder brings a mandatory life sentence with no parole eligibility for twenty-five years.

Given those consequences, the accused requires experienced, effective representation. At times a good result is a plea to a lesser included offence such as manslaughter. Phil has defended a number of cases where the accused was initially charged with murder and a plea to manslaughter was reached — among them R. v. Pratt, 2006 BCSC 1198, a case that received a great deal of notoriety.

Fatality Cases

Everyday activities — most often driving — can end in a death, followed by charges of dangerous or impaired driving or criminal negligence causing death. These are ordinary people in tragic circumstances, facing jail terms measured in years.

These cases need counsel who knows the law and has trial skills, but who can also deal with police accident reconstructions, engineers and medical professionals. A conviction also brings the loss of insurance coverage. Phil has won outright acquittals in these cases, and negotiated resolutions in which clients pleaded to a Motor Vehicle Act offence and avoided jail, licence prohibition and loss of insurance. He has extensive experience resolving similar cases where bodily harm, rather than death, resulted.

Fraud & Theft

Fraud and theft range from shoplifting and employee theft to intricate frauds. Penalties vary with the offence and the background of the offender, and success depends on the evidence.

At one end, a shoplifting matter may be resolved through an alternative measures agreement, so the charge is not proceeded with. More complex matters may go to trial, be resolved by negotiated plea, or be resolved in another way after discussions with the prosecutor. Some cases draw public attention; a discreet result is always sought, as in R. v. Clark, 2012 BCPC 59.

Sexual Offences

Sexual offences include sexual assault, sexual touching, sexual interference and voyeurism. They carry heavy social stigma, a wide range of defences and penalties, and many require the court to impose imprisonment.

Possibly the best result is resolving the allegation before a charge is laid. While many defence counsel would not take a client to be polygraphed by the police, Phil has done so on occasion — and it has led to his client not being charged. It doesn’t fit every case, but experienced counsel exercising sound judgment will sometimes take a considered risk others would not.

An allegation places a client under enormous stress. The role of defence counsel is to guide the client through the justice system to the best possible outcome.

Child Pornography

Offences range from production and distribution to possession and accessing, all carrying a minimum jail term. They now arise almost exclusively from images found on computers — usually from private areas of the internet rather than public websites.

Key defence issues include: who was actually using the computer where the images were found; whether the images fall within the legal definition; and whether the search was valid — was a search warrant properly issued? These cases need counsel experienced in both the law and the technology.

Drug Offences

Cases range from simple possession to production, possession for the purpose of trafficking, trafficking, and importing or exporting. Many carry minimum jail terms.

They turn on search and seizure, arbitrary detention and the right to counsel, as well as proof of possession — which requires proof of knowledge and control. These issues call for experienced, knowledgeable counsel.

Firearms

Many of the firearms cases Phil has handled involve not “gun-toting gangsters” but people who enjoy hunting and target shooting, and who find themselves in conflict with the law after firearms were stored unsafely or discharged accidentally.

Experienced counsel can take steps to minimize the chance of a criminal record — and early involvement can lead to a resolution before a charge is ever laid.

Spousal Assaults

Domestic violence cases disrupt the lives of both the accused and the complainant. Usually the accused must leave the family home and have no contact with the complainant — which often means no contact with the children.

In the vast majority of cases both people want a resolution that re-unites the family and avoids trial. Experienced counsel has several approaches to achieve that, and the sooner counsel is involved, the sooner the matter can be resolved.

Driving Offences

Impaired driving by alcohol or drugs, driving over .08, refusing a breath sample, dangerous driving, and driving while prohibited or disqualified. A conviction means a criminal record, a fine and a minimum one-year driving prohibition.

To the person charged these are serious offences, and Phil treats them that way. Over the last two decades he has defended thousands of these matters. They are technical cases that require trial skills and an understanding of the science of breath and blood testing and of drug impairment.