Our firm recently represented someone charged with trafficking in cocaine. Conviction usually attracts a lengthy period of imprisonment. Through our skillful advocacy, we persuaded the judge to impose a very low sentence – 90 days served on weekends only.
That meant our client could keep his job without risking a much longer sentence if he lost at trial. The Crown was unhappy and filed an appeal but served our client with the Notice of Appeal after the deadline. The Crown applied to extend the time so their appeal could succeed.
The Crown had a strong case, but failed to serve our client within the time allowed. The Court noted that the Crown knew exactly where he lived, worked, and served his weekend sentences. The Court found that “the evidence as a whole reflects that the Crown and its instructed agent committed serious, avoidable mistakes compounded by a significant level of inattention and lack of reasonable diligence” which fatally undermined the bona fide intention to appeal and comply with the prescribed timeline.
Meanwhile, our client served his sentence which fulfilled his obligations. The Court declined to extend time to serve the notice of appeal and the application was dismissed which meant the Crown could not appeal. This was a second success for our client!
We understand being charged with a crime is serious and overwhelming for you. We understand you have many choices when hiring a lawyer. This case is a good example of why it is important to choose a lawyer who has experience and a good reputation amongst his or her peers and who will work faithfully and diligently. In this case, the Crown and the police agent did not, and it allowed us to ensure a huge success for our client.
If your lawyer did not act diligently, then it would be you who suffers. Our lawyers will always act in your best interests, strategically and diligently.
Talk to us if your past lawyer did not discuss an appeal or file notice to appeal within the prescribed timeline. If you need any legal assistance, please contact us today.
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