Appeals

Client Overturning Jail Sentence on Appeal

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.

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.