Criminal Defence
Trial Experience

Explore legal case studies in Canada … including Criminal Defence case studies, Immigration trial experience and Personal Injury case summaries.

95 Reported

Decisions

1996–2024

Published Record

Every Case

Preserved

Courts & Tribunals

Across Canada

ALL REPORTED
COURT DECISIONS

A reported decision may address a trial, appeal, pre-trial application, tribunal matter or sentencing rather than the final outcome.

Criminal Defence
Case Studies

These criminal defence case studies present selected reported decisions from matters handled by Brij Mohan & Associates. They include acquittals, dismissed charges, evidentiary applications, jury-selection rulings and sentencing decisions from courts in British Columbia, Alberta and Ontario.

Every criminal matter turns on its own evidence, applicable law and procedural history. A successful result in one case does not guarantee the same result in another case. Some decisions below address a specific application rather than the final verdict.

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BEFORE YOU BEGIN

How To Read
Criminal Defence
Case Studies

These are short overviews. They do not reproduce every fact, argument, ruling or condition in the published reasons.

01 · Understand the proceeding

A decision may concern a trial, appeal, pre-trial application or sentencing. Read it according to the issue the judge was asked to decide.

02 · Separate rulings from verdicts

A ruling may be important without deciding the full prosecution. Trial results may include an acquittal, conviction, dismissal or mixed verdict.

03 · Consider Charter remedies

Charter cases examine police conduct, disclosure, delay, detention, search powers or admissibility. The remedy depends on the violation and fairness.

04 · Remember the burden of proof

A not-guilty decision does not require the defence to prove innocence. The Crown must prove every essential element beyond a reasonable doubt.

Recent Criminal
Defence Decisions

Reported rulings reflecting issues of credibility, evidence and the right to a fair trial.

Not Guilty
Alberta

R. v. Gill

[2024] A.J. No. 1235 | 2024 ABKB 623

The accused was tried in the Alberta Court of King’s Bench on one count of sexual assault. The Crown called four witnesses, while the accused testified in his own defence. The central issue was whether the evidence proved the allegation beyond a reasonable doubt.

The court found that alcohol consumption and post-event reconstruction affected the reliability of crucial evidence. The accused remained consistent, and much of his evidence was unchallenged. The court concluded that the Crown had not met the criminal standard of proof and found the accused not guilty.

Evidence Ruling
Ontario

R. v. A.S.

[2024] O.J. No. 4766 and 4786

The defence applied to use two documents written by the complainant in a prosecution involving sexual assault and possession of child pornography. The documents appeared relevant to credibility and statements about the relationship.

The Ontario Superior Court allowed limited cross-examination about an alleged inconsistency. The later trial produced a mixed verdict: not guilty of possession of child pornography and guilty of sexual assault—showing why an evidentiary ruling must be distinguished from the final verdict.

Jury Selection
Alberta

R. v. Sandhu

2018 ABQB 1057

The accused faced allegations involving cocaine and morphine found in a transport truck at the Canada–United States border. Before the jury trial, the defence raised concerns about pre-trial publicity and potential bias.

The court permitted two challenge-for-cause questions addressing what prospective jurors had heard and whether it would affect their ability to decide the case fairly using only the evidence presented in court.

Acquittals &
Dismissed Charges

Suspicion is not proof. The Crown must establish every essential element beyond a reasonable doubt.

01
ALL CHARGES DISMISSED
BRITISH COLUMBIA

R. v. Singh

[2011] B.C.J. No. 305 | 2011 BCPC 42

The accused faced impaired driving, dangerous driving and over-80 charges after a motor vehicle accident. The main issue was the driver’s identity. Although a witness saw the accused emerge from the driver’s side, the defence evidence was that the occupants changed seats after the collision. The court found the circumstances suspicious but insufficient to prove identity beyond a reasonable doubt. All charges were dismissed.

02
HARGE DISMISSED ALBERTA

R. v. Pucci

[1998] A.J. No. 49 | 1998 ABQB 18
A critical Crown witness did not appear for a cocaine-trafficking trial because the witness had not been served. The defence opposed an adjournment. The court found the Crown had not met the legal test because its failure to secure the witness resulted from neglect. The adjournment was denied, and the charge was dismissed.
03
ACQUITTED ALBERTA

R. v. Sra

[1996] A.J. No. 990
Three accused faced a combined 30 counts involving employment records, benefit warrants and an alleged conspiracy to defraud. The prosecution relied on banking evidence and workplace observations. The court held that suspicion was not enough and that the alleged scheme was not proven beyond a reasonable doubt. The Pannu accused were acquitted, and the count against Mr. Sra was dismissed.

95 Reported

Evidence. Disclosure
& Full Answer & Defence

R. v. Hundle

[2002] A.J. No. 1549 and [2003] A.J. No. 898

The accused faced a sexual-assault charge and sought production of selected psychiatric, group-home and transportation records. The defence argued that certain records were relevant to the complainant’s ability to testify, the issues at trial and the accused’s right to make full answer and defence.

The 2002 application was allowed in part. After reviewing the records in 2003, the court directed specified portions to be released under strict conditions.

The decisions demonstrate the balance between an accused person’s right to a fair trial and a complainant’s privacy, dignity and equality interests. A court may permit targeted disclosure without allowing unrestricted access to private records.

THE RIGHT TO A FAIR TRIAL

Serious Charges & Sentencing Decisions

A sentencing decision answers a different legal question from a verdict and applies its own governing principles.

YOUTH SENTENCING BRITISH COLUMBIA

R. V. A.S.D.

[2019] B.C.J. No. 162 | 2019 BCSC 147

Three young people were sentenced following convictions connected to a fatal group attack. G.C.A.R., represented by B. Mohan and S. Kalkat, had been convicted of manslaughter. The Crown sought adult sentences.

The court applied the Youth Criminal Justice Act and imposed three years of youth custody and supervision.


DRUG OFFENCE    BRITISH COLUMBIA

R. v. Dehal

[2016] B.C.J. No. 540 | 2016 BCSC 479

The accused was sentenced after a conviction for possessing ketamine for trafficking. The case involved 23.15 kilograms concealed in industrial rollers shipped from India. The Crown sought four to six years.

The court imposed three years’ imprisonment and related orders, considering the offence’s seriousness, the accused’s role, personal circumstances, prior record, immigration consequences and comparable cases.

SPOUSAL ASSAULT                  BRITISH COLUMBIA

R. v. A.S.A.

[2012] B.C.J. No. 1737 | 2012 BCPC 278

The accused appeared for sentencing after conviction for assaulting his spouse. The defence relied on his lack of record, employment, family responsibilities and difficult circumstances.

The court declined a conditional discharge but did not impose incarceration. It ordered a suspended sentence and 12 months’ probation, including counselling and other conditions. 

SECOND-DEGREE MURDER    BRITISH COLUMBIA

R. v. Khosa

[2014] B.C.J. No. 215 | 2014 BCSC 194

The mandatory sentence was life imprisonment, and the issue was parole ineligibility. The court accepted a joint submission for the minimum 10 years before eligibility.

The reasons treated the accused’s schizophrenia as mitigating, though not excusing the offence, and considered the sentence’s effect on his wife and young children. 

LEGAL PRINCIPLES IN PRACTICE

WHAT THESE CASE STUDIES DEMONSTRATE

Reasonable Doubt Is More Than Suspicion

A court cannot convict because an allegation appears possible. Credibility, reliability, identification, competing accounts and surrounding circumstances may affect whether the Crown proves each element.

Pre-Trial Applications Can Shape a Trial

Applications concerning records, cross-examination, jury selection, disclosure or admissibility may define what the judge or jury can consider.

Verdict and Sentence Answer Different Questions

Trial determines whether a charge is proven. Sentencing determines a fit and proportionate consequence after a plea or conviction.

Privacy Must Be Respected

Sexual-offence and youth decisions may use initials because publication bans protect identities. Case summaries must preserve those protections.

FREQUENTLY ASKED QUESTIONS

Understanding
Criminal Defence
Decisions

General answers about the court decisions and legal principles summarized on this page.

A criminal defence case study is a short explanation of a reported court decision. It may summarize the charge, legal issue, evidence, ruling and outcome.

No. A previous acquittal does not predict another result. Your outcome depends on the charge, evidence, witnesses, police conduct, applicable law and decisions made during the case.

A not-guilty verdict means the Crown did not prove the charge beyond a reasonable doubt. It does not require the accused to prove innocence.

Yes, in appropriate circumstances. Evidence may be inadmissible under an evidence rule or excluded because a Charter breach justifies that remedy. The legal test depends on the evidence and remedy requested.

A charge may be dismissed after trial when the Crown fails to prove it. It may also end because the prosecution cannot proceed, a remedy is granted or another legal ruling resolves the matter.

No. Some decide only a preliminary issue such as disclosure, cross-examination, jury selection, delay or sentencing. Check the heading and procedural history before treating a ruling as the final outcome.

Yes. A conviction and sentence may create immigration consequences for a permanent resident or foreign national. Criminal and immigration advice should be coordinated as early as possible.

Call the firm for a confidential consultation. A criminal defence lawyer can review the allegations, disclosure, release conditions, court dates and possible defence strategy.

DON’T FACE THE SYSTEM ALONE

SPEAK WITH A CRIMINAL
DEFENCE LAWYER

Brij Mohan & Associates serves clients through offices in Surrey, Brampton, Calgary and Edmonton. The firm handles matters ranging from shoplifting and driving offences to drug allegations, sexual offences and homicide cases.

Speak with our legal team about your charge or these criminal defence case studies.

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