The Crown Attorney Criminal Prosecutors who make decisions on whether to proceed or withdraw Criminal Code charges are people with their own subjective belief with their set of personal values. As you know from your own personal experiences, the same set of facts viewed before two different people can be interpreted completely differently. This is true of Crown Attorney Criminal Prosecutors and this is also true of the jurisdictions where the alleged offences have taken place. Some courthouses / jurisdictions will treat the same offender with the same set of facts much harsher and stricter than in other jurisdictions. Those jurisdictions will be less inclined to withdraw Criminal Code charges. When this happens, this creates a legal disparity and violates the principle that “like offenders in similar factual scenarios ought to be treated similarly”.
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At Mirza Kwok, Defence Lawyers, we represented a client charged with a violent offence in one of these harsher, less forgiving jurisdictions. At first, the Crown Attorney Prosecutor took an extremely harsh and onerous position – a position we felt that was excessive and unfair. Knowing that if this offender was in another more lenient jurisdiction, they would get a more favourable result, the lawyers at Mirza Kwok, Defence Lawyers continued to fight hard by securing significant mitigating information that demonstrated the personal hardships the accused was currently facing; the efforts the accused took in rehabilitating themselves; and provided tangible evidence revealing the negative impacts a criminal conviction would have on the accused’s future and professional employment. This evidence was thoroughly presented before a judge at a judicial pre-trial, who agreed with the Defence position in this matter. This resulted in the Crown Attorney Criminal Prosecutor changing their initial harsh position and agreeing to a withdrawal of the Criminal Code charge. At Mirza Kwok, Defence Lawyers, we are prepared to fight vigorously for your defence even though we are in a jurisdiction / courthouse which is traditionally viewed by some as a “pro-conviction” and unfair jurisdiction.