Failure to Comply with Recognizance / Undertaking
R. A.W., ONTARIO COURT OF JUSTICE, BURLINGTON, ONTARIO:
A.W. was charged with two counts of breaching his Recognizance of Bail. A.W. was originally charged with physically and sexually assaulting his former common law partner. After a legthy and contested hearing, Jonathan Pyzer was able to secure a bail release for A.W. with strict conditions, including no contact with the complainant. Three weeks after being released, A.W. was arrested again and charged with breaching his bail with the allegation that he had contacted his former common law partner by telephone. A.W. was unable to get bail again and Mr. Pyzer acted swiftly to secure a quick in custdoy trial date. A.W. was acquitted following a contested trial in the Ontario Court of Justice. Mr. Pyzer represented A.W. and was successful in arguing that based on the evidence presented at trial, the Court should have a reasonable doubt as to whether or not A.W. intended to commit the alleged offence. The call was admitted however the defence argued that the call was made accidentally as this was not a number that A.W. would usually use to contact the complainanat.
R. v. M.D., ONTARIO COURT OF JUSTICE, OLD CITY HALL, TORONTO:
The accused, M.S., was charged with failure to comply with a recognizance (bail order). The allegations were that in march 2007, while bound by a curfew between the hours of 10:00 pm and 6:00, M.S., was observed by the police to be in a vehicle at 4:30 am with a female occupant. Mr. Pyzer was successful in having all of the charges against M.S., withdrawn.
R. v. J.R., ONTARIO COURT OF JUSTICE, TORONTO, ONTARIO:
The accused, J.R., was charged with failure to comply with a recognizance (peace bond). The allegation against J.R., was that he was found at a residence specifically prohibited in his bail order. Mr. Pyzer convinced the crown attorney to withdraw the charge.
R. v. R.E., ONTARIO COURT OF JUSTICE, SCARBOROUGH, ONTARIO:
The accused, R.E., a young offender, was charged with failure to comply with a recognizance (bail order) and failure to comply with an undertaking given to a police officer. The allegations against R.E., were that he was investigated by the police while he was out of his residence past his curfew. Mr. Pyzer was successful in having all of the charges against R.E., withdrawn.
R. v. A.C., ONTARIO COURT OF JUSTICE, OLD CITY HALL, TORONTO:
A.C., was charged with Domestic Assault and failure to comply with her recognizance. The allegations against A.C., were that she and her fianc? Got into a physical confrontation and that A.C., repeatedly scratched the complainant about his back and face and threw a bag of dog feces at him. A.C., was released on an undertaking with conditions that forbade her from having contact with the complainant. A.C., was arrested within days of her initial release on allegations that she was having contact with the complainant and in fact living with him. Mr. Pyzer represented A.C., and was successful in convincing the crown attorney's office to stay the charges against A.C., prior to setting a trial date. As such, A.C., made no admission of guilt with respect to these charges and she does not have a criminal record as a result of these incidents.