David represents people on many types of charges including sexual assault, human trafficking, extradition, robbery, drug and gun offences, dangerous offender applications, and homicide. He has secured numerous acquittals in both jury and judge-alone trials at the Superior Court of Justice.
David is passionate about working with people facing criminal allegations to protect their rights and fight for the best possible outcome in their case. He believes that everyone is entitled to a strong and vigorous defence in line with the presumption of innocence.
David also maintains an appellate practice, and argues at the Court of Appeal seeking to overturn convictions or secure a reduced sentence.
David started as an articling student with Derstine Penman and went on to become an associate lawyer. He received a bachelor’s degree in philosophy at McGill University before continuing to complete his law degree there too.
Outside of court, David has been actively involved with the National Criminal Justice Section of the Canadian Bar Association. He is currently an executive member providing input on proposed new criminal laws, including the new marijuana laws. He has appeared before the House of Commons Standing Committee on Justice and Human Rights.
David is fluent in French, though with a Quebec twang.
David was quoted in the Lawyer’s Weekly about the central role of rehabilitation in sentencing:
Sample of notable cases:
v. W: A jury acquitted David’s client of sexual assault and forcible confinement of a sex worker. David was able to point to inconsistencies in the complainant’s story to argue that the sexual encounter was consensual.
v. S.: David’s client was charged with serious allegations involving sexual assault and sexual interference of a very young complainant. David argued to the judge that the story didn’t add up. The judge acquitted his client.
v. G: David’s client was acquitted by jury of a sexual assault which the complainant alleged had occurred ten years prior. David got access to old police files where the complainant had given a different version to the one ten years later.
DERSTINE PENMAN Criminal Lawyers
559 College Street, Suite 302