Vancouver Criminal Lawyer: Brian E. Mickelson
Accused client charged with dangerous driving after Burnaby RCMP investigate an accident on Canada Way in Burnaby.
CRIMINAL DEFENCE CASE FACTS:
Evidence tendered by the Crown that the client was observed speeding, weaving in and out of traffic before ultimately losing control and striking a vehicle in oncoming traffic.
HELD: NOT GUILTY
Following Brian’s cross examination of Crown witnesses and legal argument, the court agreed that the evidence fell short of dangerous driving. ACQUITTAL
Posted in Other Cases |
Vancouver Criminal Lawyer: Brian E. Mickelson
Accused client charged with assault following a road-rage incident at a Vancouver intersection.
CRIMINAL DEFENCE CASE FACTS:
Client was stopped at a red light. A cyclist pulled up alongside the client’s BWM and then moved himself and his bicycle directly in front of the client’s vehicle. An exchange of words was followed by the cyclist spitting on the client’s car and lifting his bicycle over the hood. The client then got out of his car to attempt to remove the cyclist from his path. The cyclist was hospitalized and the client was charged with assault.
HELD: NOT GUILTY
The evidence indicates that the driver was acting in self-defence. The defence has raised a reasonable doubt; therefore the accused must be acquitted. NOT GUILTY
Posted in Other Cases |
Vancouver Criminal Lawyer: Brian E. Mickelson
Client charged with sexual assault of a house guest.
CRIMINAL DEFENCE CASE FACTS:
Complainant alleged that the client made unwanted sexual advances while she slept the night at the client’s house. Client denied the allegation.
HELD: NOT GUILTY
Following cross-examination by Brian, the court found the complainant not credible because she left a note the next morning thanking the client for his hospitality. ACQUITTAL
Read more about Sexaul Assault
Posted in Sexual Assault |
Vancouver Criminal Lawyer: Brian E. Mickelson
Client charged under BC’s Motor Vehicle Act with driving without due care and attention.
CRIMINAL DEFENCE CASE FACTS:
Client driving a friend’s car, attempted to overtake a slower vehicle on Vancouver’s Marine Drive. Although there was a broken white line, a rise in the roadway effectively obscured the driver’s view of oncoming traffic. When an oncoming vehicle appeared, the client attempted to return to the right, lost control and caused a serious accident.
HELD: NOT GUILTY
Although he caused an accident, the circumstances were such that he did not depart significantly from the required standard of due care and attention to warrant a conviction. NOT GUILTY
Posted in Other Cases |
Vancouver Criminal Lawyer: Brian E. Mickelson
Client charged in Surrey with uttering threats to cause death or bodily harm contrary to s. 264.1(1)(a) of the Criminal Code.
CRIMINAL DEFENCE CASE FACTS:
Upon leaving a Surrey convenience store, threatening remarks are made toward the complainant allegedly by the client. The remarks constitute a threat in violation of the Criminal Code.
HELD: NOT GUILTY
The fundamental issue of the case is the identification of the individual who is alleged to have spoken the words, which are beyond any doubt threatening. The frailty of eyewitness identification has long been a subject of judicial comment. The complainant identified the accused through voice identification. Voice identification in this case was limited. The accused denied making the statement. NOT GUILTY
Posted in Other Cases |
Vancouver Criminal Lawyer: Joel A. Whysall
Accused client charged with impaired driving and driving with a blood/alcohol concentration over 80 mgs.
CRIMINAL DEFENCE CASE FACTS:
Accused pulled over by the Burnaby R.C.M.P. for swerving, odour of liquor, failed a roadside breath test. Arrested and transported to the police station where breath tests were made showing a blood/alcohol concentration above the legal limit.
HELD: NOT GUILTY
The breath samples are inadmissible evidence because the demand for the samples is invalid.
Posted in Impaired Driving |
Vancouver Criminal Lawyer: Joel A. Whysall
Accused client appealing conviction for assaulting his common law spouse.
CRIMINAL DEFENCE CASE FACTS:
Accused client arrested following a complaint to police by his common law spouse that he had assaulted her. The accused represented himself at trial and was convicted but retained Mr. Whysall to appeal his conviction.
HELD: APPEAL ALLOWED
The trial judge did not adequately explain to the self-represented accused why he may or may not wish to testify. There must be a new trial.
Posted in Domestic Assault |
Vancouver Criminal Lawyer: Joel A. Whysall
Accused client charged with threatening his wife.
CRIMINAL DEFENCE CASE FACTS:
Accused client arrested following a complaint to police by his wife that he had threatened to kill her. The threat was witnessed by the wife’s son. Both the son and the wife testified for the Crown.
HELD: NOT GUILTY
The evidence creates a reasonable doubt as to whether the accused committed the offence. The accused may be telling the truth, therefore he must be acquitted.
Posted in Domestic Assault |
Vancouver Criminal Lawyer: Brian E. Mickelson
Accused client charged with sexual assault of an employee.
CRIMINAL DEFENCE CASE FACTS:
Employee complained to the police that the accused had fondled her breast while in the workplace.
HELD: NOT GUILTY
Following cross-examination by Brian, the complainant could not be believed due to the inconsistencies in her testimony, and the judge found the employer not guilty.
Read More About Sexual Assault
Posted in Sexual Assault |
Vancouver Criminal Lawyer: Brian E. Mickelson
Client charged along with others of conspiracy to import heroin to the U.S.A. Extradition bail hearing in the B.C. Supreme Court.
CRIMINAL DEFENCE CASE FACTS:
Client facing extradition to the United States on charges that he conspired to import heroin from Pakistan to the U.S. Federal Department of Justice Prosecutor on behalf of the U.S. government seeking to detain the client in jail pending determination of his extradition hearing.
HELD: RELEASED FROM CUSTODY
Client released on bail pending his extradition hearing. See the related story in the October 25, 2004 issue of the Vancouver Sun newspaper.
Posted in Drug Offences |
