Cases
past Work

Some Notable Cases

Drive Impaired: R v Schell, 2021 MBPC

The Accused had two prior convictions for Refusing a Breathalyzer and Driving With More Than 80 mgs. of Alcohol in Blood. The Crown originally sought a 30-day jail sentence and a two-year driving prohibition, by way of a second offence. Jason Malloy set the matter for trial, then resolved it, by way of a first offence, for a one-year driving prohibition and a $5,000 fine.

Drive Impaired: R v Flett, 2021 MBPC

The Accused had no criminal record because Jason Malloy got her acquitted of an earlier Assault charge. She was charged with operating a vehicle while impaired by alcohol after stopping her car in the middle of traffic and passing out in it with alcohol beverages around her. The Crown sought a one-year driving prohibition and a $1,500 fine. Mr. Malloy set her matter for trial, and it was stayed prior to the trial proceeding.

Drug Trafficking: R v Bourassa, 2021 MBPC

The Accused was charged with various drug offences, including Possession for the Purpose of Trafficking 35 rocks of crack cocaine found in the Accused's bedroom. The Crown originally sought 18 months of jail. Jason Malloy set a trial and successfully negotiated stays on all the charges right before the trial was to proceed.

Break & Enter: R v Maytwayashing, 2021 MBPC

The Crown sought jail time after the Accused was charged with Breaking & Entering With Intent into a commercial building. Jason Malloy set the matter for trial, then resolved it by negotiating a stay of proceedings.

Fraud & Theft Under $5,000: R v Laity, 2021 MBPC

The Accused was charged with Fraud Under $5,000, Theft Under $5,000, and various breaches. Jason Malloy set all the charges for trial, then resolved them by negotiating stays of proceedings on everything.

Sexual Assault: R v Pritchard, 2021 MBPC

The Crown sought a custodial sentence of more than 6 months on a Sexual Assault charge. Jason Malloy set a trial, then successfully resolved the case by negotiating a Peace Bond.

Assault: R v Ulasy, 2020 MBPC

The Accused was charged with assaulting a security guard. After Jason Malloy cross-examined the Complainant, the Crown entered a stay of proceedings during the trial.

Drug Trafficking: R v Bigl, 2020 MBPC 51

The Accused was charged with Possession for the Purpose of Trafficking over 44 ounces of methamphetamine and Possession of Property Obtained by Crime Under $5,000. The Crown originally sought 6 years of jail. Jason Malloy got the Accused acquitted of both charges after a three-day trial.

Drug Trafficking: R v Favell, 2020 MBPC

The Accused was charged with Possession for the Purpose of Trafficking Cocaine after the police found 3.5 grams of cocaine on her. Jason Malloy resolved the matter by way of a plea to a simple Possession charge, and he successfully argued an absolute discharge at the sentencing.

Drive Impaired: R v Schmidt, 2020 MBPC

The Accused was charged with a first-time drinking and driving offence for operating a motor vehicle with 241 mgs. of alcohol in 100 mililitres of blood, which was a very high reading. Jason Malloy successfully argued the mandatory minimum 1-year driving prohibition and minimum $2,000 fine for the Accused.

Aggravated Assault: R v Belcourt, 2020 MBQB

The Accused was charged with Aggravated Assault and Possess Weapon for a Dangerous Purpose, in relation to a multiple stabbing. The Crown sought up to 18 months of custody. After the preliminary inquiry, Jason Malloy successfully negotiated a plea to Assault With a Weapon for 3 years of probation.

Property Obtained by Crime Over $5,000: R v Bigl, 2019 MBPC

The Accused was charged with possessing a stolen $78,000 Bobcat tractor he transported. He was acquitted after Jason Malloy ran his trial.

Residential B & E: R v Flett, 2019 MBPC

The Accused was charged with breaking and entering into someone's home - a charge that makes those whom commit it liable to imprisonment for life. Jason Malloy negotiated a resolution whereby the Accused received 12 months of probation after entering a guilty plea to Forcible Entry.

Armed Robbery: R v Genaille, 2019 MBPC

The Crown sought a 2-year penitentiary sentence after the Accused allegedly robbed two stores with a weapon. Jason Malloy negotiated a resolution whereby the Accused plead guilty to Theft Under and Assault With a Weapon for a 12-month Conditional Sentence Order.

Sexual Assault: R v Flett, 2019 MBPC

The Accused was charged with Sexual Assault, two counts of Assault, and Mischief Under $5,000. The Crown sought 1.5 years of jail. Jason Malloy got acquittals on the Sexual Assault and one Assault charge at the 2-day trial. The Accused received 18 months of probation.

Fraud & Theft Under $5,000: R v Knott, 2019 MBPC

The Accused was charged with 17 Fraud Under $5,000-related charges, as well as a Theft Under $5,000 charge. Jason Malloy negotiated a resolution whereby all the Fraud-related charges were stayed upon the Accused entering a guilty plea to Theft Under. He successfully argued a conditional discharge at the sentencing.

Prohibited Firearm: R v Weedmark, 2018 MBPC

The Accused was charged with 6 firearms offences, including storing a prohibited firearm, possessing it for a dangerous purpose, and having accessible ammunition. The Crown sought 2 years, less a day, of custody. Jason Malloy got acquittals on 5 of the charges at trial. The Accused then received a 9-month conditional sentence order for possessing a prohibited firearm without a licence.

Obstructing a Police Officer: R v Tahimic, 2018 MBPC

The Accused plead guilty to obstructing a police officer, and Jason Malloy successfully argued a conditional discharge at the sentencing.

Uttering Threats: R v Bruce, 2018 MBPC

The Accused was charged with threatening to kill his ex and her children. The Crown entered a stay of proceedings during the trial.

Armed Robbery: R v Fitzgerald, 2018 MBPC

Upon conviction, the Accused was facing a minimum punishment of 7 years for a second armed robbery offence for allegedly robbing a store with a restricted firearm. Jason Malloy set the matter for trial and resolved it by negotiating a stay of proceedings.

Assaulting a Police Officer: R v Recknell, 2018 MBPC

The Accused plead guilty to assaulting a police officer. Jason Malloy successfully argued a conditional discharge at the sentencing.

Drug Trafficking: R v Daniels, 2018 MBPC

The Accused was charged with Possession for the Purpose of Trafficking Codeine and Possess Property Obtained by Crime Under. The Crown sought 15 months of custody. Jason Malloy set a trial, then resolved the case by successfully negotiating stays of proceedings on both charges.

Drug Trafficking: R v Tremblay, 2017 MBPC

The Crown sought a 6-year penitentiary sentence after the Accused was charged with Possession for the Purpose of Trafficking 39.04 grams of Methamphetamine and Possess Property Obtained by Crime Under. Jason Malloy set a trial date, notifying the Crown he intended to make a search and seizure Charter challenge. The Crown then stayed the charges.

Drug and Weapon Possession: R v Haynes, 2017 MBPC

The Accused was charged with possessing methamphetamine, cannabis, a weapon for a dangerous purpose, and failing to attend court. Jason Malloy got the substantive charges stayed and successfully argued an absolute discharge on the Failure to Attend Court, so the Accused did not receive a criminal record.

Credit Card Fraud: R v Nyczai-Duncan, 2017 MBPC

The Accused plead guilty to Fraud Under $5,000 for committing credit card fraud. The Crown sought a 2-year suspended sentence that would have resulted in a criminal record. However, Jason Malloy successfully argued an absolute discharge at the sentencing.
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Jason Malloy is an associate lawyer at the Theodore L. Mariash Law Office in Winnipeg, Manitoba, Canada.

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