Magda Wyszomierska secured an acquittal for her client in a trafficking of crack cocaine jury trial at 361 University in Toronto. The Crown alleged that Magda’s client trafficked drugs to an undercover police officer.

A client accused of carrying a loaded gun in his waistband by officers in the Toronto Police Services Guns and Gangs Unit was acquitted today of all firearm charges. Derstine Penman lawyer Stephanie DiGiuseppe was successful in demonstrating key weaknesses in the Crown’s case, which led Justice Corrick of the Superior Court of Justice to […]

Judge stays remaining charges because of unreasonable delay In October 2009, J.D., a man with no criminal record, was charged with numerous criminal offences including criminal libel, extortion and two counts of criminal harassment. Criminal libel is a very rare charge in Canada. It was a complex case that involved the execution of a search […]

In a decisive win for the defence, on April 24, 2012 Jennifer Penman succeeded in having her client S. declared NCR (‘not criminally responsible’) in a first-degree murder trial in Brampton Superior Court. The facts of the case were not disputed: in June 2009 S. killed his landlord, stabbing him multiple times for no apparent […]

Erec Rolfe recently successfully convinced the Crown to abandon its estreatment proceeding for $70,000 against our client and his sureties. When a client makes bail, both he and his sureties are often required to promise a sum of money without deposit. That means that if the client breaches his bail conditions, the Crown can bring […]

S.M. was a young man with no criminal record. He was charged with two counts each of sexual assault, choking to overcome resistance, and forcible confinement. He was accused to assaulting his roommate and an acquaintance in separate incidents. S.M. elected to to be tried by a judge and jury, and requested a preliminary inquiry. […]

In September 2011, Erec Rolfe successfully defended a client (P.D.) against charges of charges of assault, possession of a weapon, uttering threats and breach of probation. P.D. was in his 60s and had a career as an amateur boxer decades ago. P.D. had a long criminal record, including many assaults. The Crown alleged that after […]

On March 27, 2012, Erec Rolfe won a jury trial for a client who was charged with sexual assault with a weapon and possessing a weapon for a purpose dangerous to the public peace. J.B. was charged with the offences in early 2011. He was facing a lengthy prison sentence, if convicted. After a preliminary […]

After the conclusion of the preliminary hearing on a charge of attempt murder, Magda negotiated a plea to an assault with a weapon. At the sentencing Magda advocated for and her client received a suspended sentence.

Sending a first-time offender to prison for three years for possessing a loaded gun is "cruel and unusual punishment," an Ontario judge ruled Monday in striking down the mandatory minimum sentence as unconstitutional.

Here is another article on Dirk Derstine’s victory today in striking down the three-year mandatory minimum for firearm offences in the Ontario Superior Court of Justice. As of today’s ruling, individuals convicted of possession of a firearm will not be subjected to a mandatory three year minimum sentence. Mr. Smickle, the young man Mr. Derstine […]

Justice Molloy of the Ontario Superior Court of Justice ruled today that the three-year mandatory minimum sentence for possession of a restricted firearm is unconstitutional because it denies Judges the freedom to craft sentences appropriate to the particular offender in question and the circumstances of his or her case. Dirk Derstine argued the motion in […]

Dirk Derstine’s recent win in the Ontario Superior Court of Justice, R. v. Shmickle, could have an significant effect on Canadian criminal law as mandatory minimums become an increasingly prevalent, but controversial, phenomenon under Stephen Harper’s omnibus crime bill.

Lots of people get accused of shoplifting sometimes the person gets charged, sometimes the person gets told never to come back to the store again and sometimes the person just gets let go. For the people that get charged, like with all other criminal charges, a number of outcomes are possible. However, regardless of the […]

Click the link below to check out a recent case about a Scottish woman who was falsely convicted due to fingerprint evidence. This case highlights to the public what defence lawyers have been saying for decades about the unreliability of fingerprint evidence; notwithstanding the way this evidence is depicted by show like “CSI”, fingerprint analysis […]

The Supreme Court of Canada reserved judgment today in a case that pits the right of an Islamic woman to wear a niqab against an accused individual’s rights to be presumed innocence, to have a fair trial, and to make full answer and defence. The Niqab is a garment which covers the entire face, save […]

The Conservative government’s proposed “Omnibus Crime Bill” is notoriously plagued with problems, but one of the most harshly criticized element of the bill is the intention to enact a slew of new mandatory minimum sentences into the Criminal Code of Canada. Historically, judges enjoyed a lot of discretion in determining sentence once an individual had […]

Derstine Penman client, Jeremy Hall, was committed to trial last week on charges of first degree murder. Unfortunately, the press continues to sensationalize the case against Mr. Hall, jeopardizing his constitutional right to a fair trial. http://www.thespec.com/news/local/article/628430–hall-to-stand-trial-in-billy-mason-murder-case

In a rare move, a judge awarded costs against the Crown Attorney’s office for their initial nondisclosure of a use of force report; forcing the defence to bring an application for its production. Magda’s client faced multiple assault police officer charges as a result of his arrest during which he was tasered by the police. […]

An interesting article about young people in our city and the economic hardship that pushes them to commit crimes.