Charge: Robbery (reduced to theft under$5000).
Issue: Whether there was sufficient evidence that our client used force while committing theft to support a charge of robbery.
Result: Mr. Johnston drew Crown counsel’s attention to weaknesses in witness evidence, persuading Crown counsel to direct a stay of proceedings on the count of robbery and to proceed on the less serious charge of theft. After hearing Mr. Johnston’s submissions, the Court granted our client a conditional discharge which was particularly significant as our client, a foreign national, would have been deemed inadmissible to Canada had he received a criminal conviction. No jail. No criminal record. Client able to remain in Canada.