Some Recent Examples of Successful Criminal Law Cases
David G. Bayliss, Toronto Criminal Lawyer
*Names have been initialized to protect privacy
unless permission to use full names has been granted by client; detailed
information about cases fully in public domain available on request.
April 6, 2011: R. v. I.D.—sexual assault and forcible confinement-- not guilty verdict by jury.
March 23, 2011: R. v. G.A.—domestic assault— charges withdrawn upon client agreeing to enrol in anger management counselling.
January 3, 2011: R. v. K.G. — domestic assault (same sex relationship) — charges withdrawn upon client completing relationship counselling program arranged by counsel.
November 19, 2010: R. v. M.R. — first degree murder — charge withdrawn during pre-trial motions--client enters plea of guilty to manslaughter and receives sentence of 2 years less one day (avoiding deportation to native England).
October 8, 2010: R. v. B.F.— medical doctor charged with possession of unregistered restricted firearm — charges withdrawn after client obtains successful psychiatric risk assessment report arranged by counsel.
October 6, 2010: R. v. R.G.--airline pilot charged with driving with excess alcohol in blood and DUI — charges withdrawn.
May 6, 2010: R. v. K. H.— airline pilot charged with domestic assault — charges withdrawn after client receives relationship counselling arranged by counsel.
Septemer 13, 2010: R. v. S.R.—second degree murder-withdrawn at commencement of second trial after first trial aborted due to crown misconduct in closing address.
May 24, 2010: R. v. G.T.—possession of narcotics for purpose of trafficking—not guilty verdict by Superior Court Justice--judge highly critical of disrespectful manner in which police executed search warrant in personal residence.
February 8, 2010: R. v. D.L.—robbery—withdrawn after preliminary hearing.
January 15, 2010: R. v. D.W.—sexual assault—not guilty verdict by jury.
November 24, 2009: R. v. C.B.—possession of loaded firearm—withdrawn after preliminary hearing.
November 16, 2009: R. v. D.L.—assault police—discharged—after preliminary hearing.
June 22, 2009: R.. v. B.C.—first degree murder—charge withdrawn.
February 18, 2009: R. v. N.K.—sexual assault—massage therapist found not guilty of allegation by customer.
October 29, 2008: R. v. G.A.—first degree murder—not guilty verdict by jury.
June 11, 2008: R. v. W.P. —second degree murder—not guilty verdict by jury.
October 15, 2007: R. v. William Mullins-Johnson—first degree murder—Mr. Mullins-Johnson was exonerated by the Ontario Court of Appeal after twelve years of imprisonment having been wrongfully convicted of murdering his young niece, a conviction based in large part on the evidence of now discredited pathologist Dr. Charles Smith (with co-counsel James Lockyer).
Bill Mullins-Johnson Walks Free after 12 Years in Federal Prison
"But in 2001, finally there was someone other than his mother, who was willing to listen to him and eventually come to believe Mullins-Johnson was innocent. "There was not a shred of forensic evidence linking Bill to the crime scene," says David Bayliss, a lawyer with the Association in Defence of the Wrongfully Convicted. "This was an alleged sex-homicide. There was no semen. There was no blood. There was no saliva, no hair, no biological material whatsoever connected Billy to Valin or the bed where she was found dead."
In September 2005, armed with the new medical findings, Bayliss headed back to court. The federal justice minister immediately ordered a full review of the case. After 12 years in federal prison, Bill Mullins-Johnson was released on bail pending the review. "When I finally stepped out the doors there I was looking up at the sky. I forgot how blue the sky can be," says Mullins-Johnson. "
Click here to read the full article ~ Expert Witness - CTV News
April 12, 2007: R. v. R.W.—sexual assault and sexual interference—not guilty verdict by jury.
January 8, 2007: R. v. R.C.—sexual assault—charges withdrawn by Crown after preliminary hearing.
August 18, 2006: R. v. M.B.—assault police— charges stayed against young person after constitutional violations based on unnecessary police violence established.
June 29, 2006:R. v. S.P. and F.M.—defence application to quash subpoenas—subpoenas served on defence counsel withdrawn and costs paid by Crown.
May 10, 2006: R. v. F.R.—sexual assault—charges stayed after violation of constitutional right to trial within a reasonable time established.
March 20, 2006: R. v. N.B.—firearms possession—client discharged on charges after preliminary hearing.
November 9, 2005: R. v. A.Y.—first degree murder—client discharged after lengthy preliminary hearing.
October 27, 2005: R. v. N.B.—first degree murder—charges withdrawn.
February 16, 2005: R. v. J. O. [2005] O.J. No. 6048—sexual interference and sexual touching—client found not guilty and costs ordered against Crown for conduct of abusive prosecution violating constitutional rights.
November 9, 2004: R. v. M.L.—first degree murder—not guilty verdict by jury (with co-counsel Najma Jamaldin).
March 31, 2004: R. v. G.A.— importing cocaine—charge stayed after it was established that Canada Customs and Border Services routinely detained travelers through Pearson International Airport on the “superloo” for hours or days with no reasonable grounds to believe that narcotics were being carried internally.
December 19, 2003: R. v. A.B—second degree murder—not guilty verdict by jury.
April 9, 2003: R. v. B.M. (2003) 64 O.R. (3d) 299—robbery—charges against young person withdrawn and costs ordered against Crown for abusive prosecution violating constitutional rights.
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