The client was charged with possession of heroin for the purpose of trafficking. This is the highest of drug offences. Even for minor amounts of heroin possession, jail sentences of several years are typically sought by the prosecution and frequently imposed by the Courts.
During defence counsel’s careful review of the disclosure to identify all available defences, several Charter violations were discovered.
These Charter violations were further exposed at court proceedings and especially at the preliminary hearing. Effective cross examination of the investigating police officers was critical to further expose the Charter breaches that may warrant the exclusion of evidence.
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By revealing these Charter breaches at the preliminary hearing, the prosecution became more open to negotiate a reduced penalty.
After extensive negotiations, an extraordinary plea bargain agreement was worked out and the client was released from jail.