Client was pled guilty to trafficking cocaine and was sentenced to jail. The client was represented by a different lawyer at his sentencing hearing. Client had COPD. Cathryn Moore filed a Sentence Appeal arguing that the client’s medical condition was not properly considered, and that the COVID-19 Pandemic was a material change in circumstances. The Sentence Appeal was granted and the offender was released from jail on a suspended sentence.
Appeals
90 Day Immediate Roadside Prohibition – Refusal
The accused was stopped at a police roadblock. The officer detected a strong odour of liquor coming from the passenger compartment of the vehicle. The accused admitted to only having a sip of beer. The officer asked the accused get out of the vehicle so that he could better assess his sobriety. The officer noted in his Report that he detected a strong odour of liquor coming from the accused’s breath but did not report any other signs of impairment. The officer than made a demand that the accused provide a sample of his breath for analysis. The accused was permitted to make six attempts to provide a sample but on each attempt failed to do so. The officer issued a 90 day Immediate Roadside Prohibition for a Refusal.
Client appealing his Assault conviction
The accused was 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.
Client appealing his Sexual Assault conviction
The accused retained Mr. Whysall to appeal his conviction for sexual assault on a child.