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.
Client Appealing IRP Administrative Hearing Loss
Client issued a 90 day Immediate Roadside Prohibition [IRP] hearing for refusing to provide a breath sample. The client lost at the IRP hearing. Meghan Forhan appealed the loss by way of a Judicial Review in BC Supreme Court. Meghan Forhan argued that the IRP adjudicator wrongly dismissed the client’s argument that the police officer was not required to attach a certificate of calibration for the ASD.
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 Sexual Assault Conviction
Client was charged with the sexual assault of his ex-wife following their divorce. The client was represented by a different lawyer at his trial. Client was convicted at trial of sexual assault. Meghan Forhan filed a Conviction Appeal arguing that the client’s alibi defence was not properly considered, and that his electronic evidence was unlawfully excluded by the trial judge. After winning the Conviction Appeal, Meghan Forhan persuaded the new trial Crown to drop the charges rather than proceed with the second trial.
Client appealing his Sexual Assault conviction
The accused retained Mr. Whysall to appeal his conviction for sexual assault on a child.