Sentencing Proceedings | Examples Of Favourable Verdicts

Toronto Criminal Defence Lawyer - Tushar K. Pain

Examples of Criminal Cases won by Tushar K. Pain

Sentencing Proceedings Sentencing is the penalty phase of the trial process. In many instances clients choose to plead guilty either because it is strategically appropriate or they do not wish to proceed to trial or they wish to admit their guilt. In these instances, the focus is on obtaining as lenient a sentence as the circumstances will allow. For some, this means avoiding a conviction while for others it means avoiding jail or even minimizing an unavoidable jail sentence.


Cases Involving Sentencing Proceedings: R. v. Nancy Nelson Nancy was the sole caregiver for her aging and elderly mother. One night Nancy came home to find that her mother had passed away. She called 911 and the authorities attended. The authorities found the house to be in an unimaginable state of disarray. The police were contacted and an investigation ensued. Nancy was eventually charged with 'fail to provide necessities' -- an offence which carried a maximum 5-year sentence. Nancy wanted to plead guilty but was terrified of going to jail. R. v. K.M. Ken Masters was a decent fellow but short on social skills. One day, Ken loaned his friend, Mary some money. She started to pay him back but then stopped. Rather than speak to her about it directly, Ken started to circulate mass e-mails claiming that Mary was a criminal. The e-mails purported to be from the R.C.M.P. Ken eventually found himself charged with impersonating a police officer, defamatory libel, and conveying a false message. Ken knew that the evidence against him was overwhelming but he needed to avoid a criminal conviction. R. v. A.R. Alonzo Rambo and his wife, Felice Mambo, had successfully established themselves in Canada after years of sacrifice, hard work and struggle. Things were going well for them until their past came back to haunt them. Both were charged with fraud. They were being accused of having stolen from the welfare system. The case against them was strong. They had worked so hard to make it and now it seemed that it was all for naught. Neither could afford a criminal record. Felice wasn’t a Canadian citizen and a conviction could lead to her deportation. Alonzo worked in the financial industry and a conviction would certainly spell the end of his career. Felice did not want to take the matter to trial. Ultimately, the case was resolved so that the charge against Felice was withdrawn and the Alonzo was discharged by the judge. R v. J.M. Julie Milgaard was a highly successful executive in a bank. Over the years she let her use of alcohol increase to the point where it started to affect her judgment. One Saturday, while she was drinking a leisurely beer, she got into an argument with her son. The confrontation became heated and she ended up slapping her son two times across the face, drawing blood from the inside of his mouth. The police were called and she was charged. She knew she had done wrong. She wanted to own up to what she had done. The problem was that a criminal conviction would put her career in jeopardy. She didn't want to drag her son through a trial, making him testify against his own mother. The only way to avoid a conviction while pleading guilty would be if the Court decided to discharge her rather than entering a conviction against her. R. v. F.M. Filipo Morris was a 42-year old bachelor living at home with his parents. His mother ran a daycare out of their home and babysat several small children. One of those children complained that Filipo had sexually assaulted her. The parents went to the police. The police contacted Filipo. He immediately provided a full confession. Filipo wanted to take responsibility and plead guilty to what he had done but he was terrified of going to prison. He absolutely wanted to stay out of jail. Avoiding a jail-sentence in these circumstances would be a difficult result to achieve. R v. B.C. Butch Calloway found himself charged with "dangerous driving". Working at the airport as an avionics technician, it was absolutely imperative that he avoid a criminal record. With a record he wouldn't be able to obtain the necessary security clearance required to perform his job. Butch could not take a chance on being convicted of a criminal offence. Unfortunately, the case against him appeared to be strong. We took a unique approach to Butch's case. By having Butch take certain steps and by providing the necessary documentation, I was able to convince the Crown that, despite the nature of the facts, it would be more appropriate to agree to accept a guilty plea to the offence of 'careless driving' under the Highway Traffic Act - a non-criminal offence. Butch pleaded guilty to 'careless driving' and avoided a criminal record. R. v. B.R. One night, Bogey Ragubeersingh took a trip to Casinorama. He gambled away all of his money. Then, he started to make fraudulent withdrawals against a credit card totalling over $13,000. He was charged with fraud. He wanted to plead guilty but didn't want to go to jail. He had no way to pay back the money. The Crown was seeking a stiff jail sentence. He came to me for help. I was able to keep Mr. Ragubeersingh out of jail. He was allowed to serve his sentence in the community so that he could continue to provide for his family.
Read what clients involved in this kind of case have to say about Tushar K. Pain: M.C., Toronto R. v. J.M. G.A., Toronto Requested No Name, Toronto Barbara I., Toronto S.T., Toronto D.M., Pickering B.C., Toronto J.M., Toronto

You're Invited to Call or E-mail
If you've been charged with a crime - or think you might be charged in the future - you're invited to call me. I'll answer your questions and explain how you can protect your legal rights. I will gladly talk with you on the telephone or in my office. You're invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.

Tushar K. Pain, Toronto Criminal Defence Lawyer
393 University Avenue ~ Suite 2000 ~ Toronto, Ontario, M5G 1E6
tel: 416.410.4838 fax: 416.410.5532 email: tkpain@torontocriminaldefence.com

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