Firearm Laws Articles - Derstine Penman: Criminal Lawyers

Charges of possession of three loaded firearms result in acquittal

Magda’s client was acquitted of possession of three loaded firearms and a quantity of drugs after the police executed a warrant and found the items in an apartment allegedly connected the client. Magda has secured multiple acquittals in jury and judge alone trials, excessive force findings against the police, discharges after preliminary hearings and costs […]

Client Charged with Two Loaded Handguns and a Large Quantity of Crack Cocaine Acquitted

Magda’s client was charged with possession of two loaded handguns, a large quantity of ammunition and crack cocaine as part of Project Kingfisher. The police executed a warrant and found the items hidden in a bedroom where he was sleeping. The guns were hidden and there were four other adults in the apartment, all denied […]

Young Man Acquitted of Firearm Charges

A client accused of carrying a loaded gun in his waistband by officers in the Toronto Police Services Guns and Gangs Unit was acquitted today of all firearm charges. Derstine Penman lawyer Stephanie DiGiuseppe was successful in demonstrating key weaknesses in the Crown’s case, which led Justice Corrick of the Superior Court of Justice to […]

Dirk Derstine on CBC the National

http://www.cbc.ca/news/canada/toronto/story/2012/02/13/ontario-judge-mandatory-minimum-firearm.html

Globe and Mail Reports on Dirk Derstine’s Success in Striking Down Mandatory Minimum for Firearm Offences

Here is another article on Dirk Derstine’s victory today in striking down the three-year mandatory minimum for firearm offences in the Ontario Superior Court of Justice. As of today’s ruling, individuals convicted of possession of a firearm will not be subjected to a mandatory three year minimum sentence. Mr. Smickle, the young man Mr. Derstine […]

Dirk Derstine Successful in Constitutional Challenge to Firearm Laws

Justice Molloy of the Ontario Superior Court of Justice ruled today that the three-year mandatory minimum sentence for possession of a restricted firearm is unconstitutional because it denies Judges the freedom to craft sentences appropriate to the particular offender in question and the circumstances of his or her case. Dirk Derstine argued the motion in […]

Possession of loaded prohibited firearm charge withdrawn at preliminary hearing

Magda’s client was reunited with his family this week after his preliminary hearing. Magda’s cross examination of the investigating officer unearthed significant Charter and continuity issues relating to the loaded sawed off shotgun which the officer found in the vehicle alleged to be driven by her client. The Crown’s main civilian witness admitted to lying […]

Toronto Star Article on the Constitutional Challenge

https://www.thestar.com/news/crime/2011/09/01/mandatory_minimum_gun_sentence_withstands_charter_challenge.html

Project Corral: Accused discharged on multiple counts of criminal organization, drug and weapons trafficking and conspiracy charges.

Magda Wyszomierska successfully defended a client charged with multiple criminal organization charges, drug and weapons trafficking and conspiracy to traffic cocaine offences as part of Project Corral. Project Corral was a major investigation by the Gun and Gang Task Force targeting alleged Toronto gang members with links to organized crime. Hundreds of hours of wiretap […]

Acquittal on kidnapping and gun charges

The family breathed a sigh of relief as their son walked free after twenty months of incarceration on charges that would have sent him to the penitentiary for eighteen years. After a three week trial he walked free, acquitted by a jury that saw through the testimony of the witnesses called against him. This is […]

Blog Archive category: Firearm Laws