Criminal Law: Trials and Appeals

The Lugosi Law Firm defends people and corporate entities at all levels of Court anywhere in Canada and the USA.

Dr. Lugosi has over 40 years of combined criminal experience as a prosecutor, defense lawyer and law professor, in both the United States and Canada, in trials and appeals. In British Columbia, he has a stellar record of successfully defending people charged with murder, sexual assault and noteworthy cases that have made legal history. Dr. Lugosi is a fearless advocate who tackles some of the most difficult complex and precedent-setting cases in Canada and the United States. Every client benefits from the same energy, passion, dedication and preparation, whether privately or legally Aid funded, to achieve the best possible result. On of Dr. Lugosi’s winning cases changed the law of Canada, so that the police must now obtain a Feeney Warrant to enter a private residence in search of incriminatory evidence. In the United States, a factually innocent woman obtained a retrial for a wrongful conviction for child abuse.

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Reported Cases

(Note: Past results are not indicative of future results. Cases turn on their own facts and law evolves over time)

Supreme Court of Canada

R. v. Terry, [1996] 2 S.C.R. 207; issue whether Canadian Constitution applied to conduct of American agents used by Canadian police to interrogate a Canadian murder suspect detained in the United States; held, Constitution not applicable (later the SCC reversed itself in another case).
R. v. Harrer, [1995] 3 S.C.R. 562; intervened for Terry to leave open question of extraterritorial application of Charter of Rights to international actions by Canadian police and their foreign agents.
R. v. Feeney, [1997] 2 S.C.R. 13; Conviction reversed 5:4 and new trial ordered; exclusionary rule applied to evidence obtained from illegal police conduct that included entering a private residence without a warrant to detain sleeping murder suspect without reasonable and probable cause in non-exigent circumstances.
R. v. Feeney, [1997] 2 S.C.R. 117; SCC ordered a delay in the implementation of new rules on police conduct to permit Parliament time to amend the Criminal Code; amendments were made, resulting in the creation of Feeney warrants in deemed exigent circumstances.
R. v. W. (D.D.), [1998] 2 S.C.R. 681; SCC refused to order paternity testing where results might be used to discredit evidence of complainant, ruling that the right of full answer and defense was subordinate to third party’s right to personal privacy; appeal dismissed.
R. v. Izony, [1996] 3 S.C.R. 1124; Charge to jury was flawed, but sufficiently corrected by trial judge; appeal dismissed.
David T. Little v. Her Majesty the Queen, (on appeal from New Brunswick) (No. 33390) (unreported); Leave to Supreme Court of Canada denied January 14, 2010; Crown stayed (dismissed) all further proceedings in August 2010.

BC Court of Appeal

R. v. W. (D.D.) (1997), 114 C.C.C. (3d) 506 (B.C.C.A.); ruled 2:1 that the right to privacy of an adopted child outweighed a defendant’s right to make full answer and defense to a serious criminal charge.
R. v. P. (C.) (1992), 74 C.C.C. (3d) 481 (B.C.C.A.); failure to properly instruct jury; conviction reversed and new trial ordered.
R. v. Tom (1992), 79 C.C.C. (3d) 84 (B.C.C.A.); acquittals substituted for conviction on assault charges; defense of extreme intoxication from alcohol.
R. v. Bridges (1990), 62 C.C.C. (3d) 455 (B.C.C.A.); appeal dismissed of Operation Rescue demonstrators.

BC Supreme Court

R. v. Bridges (1989), 58 C.C.C. (3d) 1 (B.C.S.C.); convicted of contempt of court for disobeying civil injunction denying freedom of expression at abortion clinic.
R. v. Davidson, featured in Lawyers’ Weekly; appeal allowed on constitutional grounds, reversing conviction for impaired driving.
R. v. W. (D.D.) (1994) 94 C.C.C. (3d) 424 (B.C.S.C.); trial judge refused DNA test sought by defendant regarding adopted grown child of complainant who alleged rape, incest and paternity against her brother.

Provincial Court of B.C.

R. v. Campbell, acquittal on grounds of non-insane automatism.

Homicide and Sexual Assault Case Experience

From 1990-2000, obtained acquittals, reduced verdicts, or stays in 89% of all 35 homicide and sexual assault cases defended in the British Columbia:

R. v. Kidder, from 1st degree murder to manslaughter; 30 month sentence. Prince George BC.
R. v. Lowe, from 1st degree murder to accessory after the fact; 1 year conditional sentence. Chilliwack, BC.
R. v. Barry, acquitted of attempted murder, aggravated assault, assault with a weapon. Self- defense; jury verdict. Fort St. John, BC.
R. v. Roman Ballantyne, originally charged with 1st degree murder; stay entered at trial after defense disclosed to prosecution new forensic evidence regarding causation. Fort St. John, BC.
R. v. Barlow, acquitted of attempted murder of a police officer, following a robbery in Burnaby. New Westminster, BC.
R. v. McCreary, convicted of 1st degree murder. Confessed to undercover officer in sting operation. Jury verdict. Smithers, BC.
R. v. Forknall, convicted of 1st degree murder. Confessed to undercover officer in sting operation. Jury verdict. Quesnel, BC.
R. v. Eggleston, acquitted of 2nd degree murder, convicted of manslaughter. Confessed to undercover officer in sting operation. Jury verdict. Dawson Creek, BC.
R. v. Robin, pleaded guilty to 1st degree murder. Professional contract killer for Quebec based criminal organization. Bilingual case. New Westminster, BC.
R. v. John Black, acquitted of 2nd degree murder. Self-defense. Jury verdict. Kelowna, BC.
R. v. Black, acquitted of 2nd degree murder. Self-defense. Judge alone. Prince George, BC.
R. v. Luksicek, acquitted of 2nd degree murder. Identity of perpetrator in dispute. Jury verdict. Kelowna, BC.
R. v. McCabe, acquitted of 2nd degree murder; guilty of manslaughter. Cocaine psychosis. Life sentence. Jury verdict. Penticton, BC.
R. v. Denison, originally charged with 1st degree murder; convicted of 2nd degree murder. Jury verdict. Prince George BC.
R. v. Learn, acquitted of 1st degree murder and sexual assault; convicted of 2nd degree murder. Jury verdict. Cranbrook, BC.
R. v. Rachao, originally charged with 2nd degree murder; pleaded guilty to manslaughter. One year sentence. Prince Rupert, BC.
R. v. Fournier, originally charged with two counts of 1st degree murder; charges reduced to 2nd degree murder after preliminary hearing. Surrey, BC.
R. v. Lalli, originally charged with manslaughter and infanticide; stay of proceedings during jury trial, following defense introduction of new evidence of causation. Quesnel, BC.
R. v. Rivest, originally charged with 2nd degree murder; pleaded guilty to manslaughter. Conducted preliminary inquiry solely in the French language, following earlier quashing of committal for trial triggered by prosecution’s breach of promise to provide a transcript in the French language to the defendant. Quesnel, BC.
R. v. Feeney, originally charged with 1st degree murder; convicted of 2nd degree murder. Jury verdict. Williams Lake, BC. Appeal allowed by Supreme Court of Canada. Retried by a jury in Vancouver, BC and convicted of 2nd degree murder.
R. v. Statton, originally charged with murder and attempted murder; committed for trial on manslaughter and attempted murder. Introduction of fresh evidence by defense eventually resulted in a guilty plea to a single charge of assault with a weapon. Williams Lake, BC.
R. v. Packwood, originally charged with attempted murder; pleaded guilty to aggravated assault after preliminary inquiry. Prince George, BC.
R. v. Horth, originally charged with attempted murder; stay entered. Victim recanted in videotaped interview with defense counsel. Prince George, BC.
R. v. Gordon, originally charged with criminal negligence causing death and impaired driving. Pleaded guilty to leaving the scene of an accident. Prince George, BC.
R. v. Dean, acquitted of sexual assault charges. Jury verdict. Quesnel, BC. R. v. Tom, acquitted of sexual assault. Prince George, BC.
R. v. Jones, acquitted of numerous weapons and assault charges. Self-defense. Jury verdict. Prince George, BC.
R. v. Harris (aka Edes), acquitted of sexual assault. Smithers, BC.
R. v. Andrews, acquitted of sexual assault. Jury verdict. Prince George, BC. R. v. Seymour, acquitted of sexual assault. Prince George, BC.
R. v. Rouse, acquitted of multiple sexual assault charges. Jury verdict. Quesnel, BC.
R. v. Grzybowski, convicted of sexual assault. Jury verdict. Prince George, BC.
R. v. Izony, acquitted on 5 of 9 counts of sexual assault. Jury verdict. Prince George, BC.
R. v. Verlie Halcrow, acquitted of 5 of 9 counts of child abuse. Jury verdict. Prince George, BC.
R. v. W. (D.D.), convicted of incest, rape, and sexual assault. Jury verdict. Sentenced to 60 days intermittent on weekends, plus probation. Jury verdict. Victoria, BC.

From 1986 to 1988, obtained acquittals or reduced verdicts in 82% of 11 sexual and/or other serious cases in BC Supreme Court.

R. v. James, convicted of 1st degree murder. Jury verdict. Nanaimo, BC.
R. v. Mohammed, convicted of attempted murder. Jury verdict. Reversed on appeal. Victoria, BC.
R. v. Pelkey, judicial stay of proceedings on charge of murder. Victoria, BC.
R. v. Preston, acquitted of assault causing bodily harm. Jury verdict. Victoria, BC.
R. v. Massina, acquitted of multiple charges of sexual assault. Jury verdict. Victoria, BC.
R. v. McDonough, acquitted of assault causing bodily harm. Jury verdict. Victoria, BC.
R. v. Parsons, acquitted of assault causing bodily harm. Victoria, BC.
R. v. Brown, acquitted of robbery and unlawful confinement. Jury verdict. Victoria, BC.
R. v. James, judicial stay of proceedings entered on charge of sexual assault. Nanaimo, BC.
R. v. Tilley, acquitted of drug trafficking. Jury verdict. Victoria, BC.
R. v. Langevin and Schoyen, acquitted of break and enter, possession of stolen property. Jury verdict. Victoria, BC.