Cases
past Work

Some Notable Cases

Weapons Trafficking: R v Fryatt, 2024 MBPC

The Accused was charged with two counts of Weapons Trafficking and two counts of Possessing Prohibited Firearms. He would have served, at minimum, three years of jail in a federal penitentiary if convicted of the trafficking charges alone. Jason Malloy set a trial and resolved the case before the trial proceeded. Mr. Malloy got all the charges stayed for a 2-year weapons prohibition and forfeiture of certain seized items.

House Arrest/CSO Breach: R v Leeder, 2024 MBPC

The Accused was alleged to have breached his Conditional Sentence Order (CSO), which Jason Malloy negotiated for him after the Accused was charged with trafficking 9 ounces of cocaine. The Crown sought termination of the CSO. That meant the Accused would have had to serve the remaining 20 months of his house arrest in jail if the Judge agreed with the Crown's recommendation. Thanks to Mr. Malloy successfully arguing the Accused should be released from jail on the day of the CSO hearing, he was allowed to serve the remaining 20 months of his sentence at home.

Sexual Assault: R v Ironman, 2024 MBPC

The Accused was facing a potentially lengthy prison sentence after getting charged with forcibly confining, threatening, and sexually assaulting the Complainant. On the day of the pre-trial, Jason Malloy resolved the matter for a Peace Bond. The charges were stayed after the Accused entered the Peace Bond.

Robbery: R v Robson, 2024 MBPC

The Accused was charged with Robbery and some less serious offences. She was facing a potential penitentiary sentence for the Robbery charge alone. Jason Malloy successfully negotiated the Robbery down to the lesser charge of Theft Under $5,000. At the sentencing, he argued for a discharge. The Accused received a one-year conditional discharge with unsupervised probation. Thanks to Mr. Malloy, she didn't go to jail and didn't end up with a criminal record.

Possess Property Obtained by Crime Over $5,000: R v Jarvis, 2024 MBPC

The Accused was charged with Possessing Property Obtained by Crime Over $5,000 and possessing unmarked cigarette cartons. Police seized over $13,000 cash, cocaine, and suspected drug paraphernalia during a search of the Accused's residence. The Crown sought house arrest and forfeiture of the seized items. However, Jason Malloy negotiated a sentence whereby the Crown agreed to a $500 fine for possessing the unmarked cigarette cartons and didn't seek forfeiture of the seized cash.

Drug Trafficking: R v Leeder, 2024 MBPC

After being charged with trafficking 9 ounces of cocaine, a susbtantial amount of drugs with an estimated street value of around $25,000 if sold at the gram level, the Accused was facing a jail sentence in the range of 3-6 years. Jason Malloy negotiated a sentence of house arrest, also known as a Conditional Sentence Order (CSO), for 2 years less a day.

House Arrest/CSO Breach: R v Genaille, 2024 MBPC

The Accused's allegations of non-compliance with his Conditional Sentence Order (CSO), which could have resulted in his house arrest getting converted to jail time, were withdrawn after Mr. Malloy intervened.

Drug Trafficking & Firearms: R v Harder, 2024 MBPC

The Accused was facing a lengthy jail sentence for Possession for the Purpose of Trafficking Cocaine and multiple firearms offences. Jason Malloy successfully negotiated stays of proceedings on all the charges before they proceeded to trial.

Drive Impaired: R v Royer, 2023 MBPC

The Accused was charged with Operating a Vehicle While Impaired and Refusing to Comply With a Demand. At trial, Jason Malloy made successful Charter arguments the Accused's right to be secure against unreasonable search or seizure, his right not to be arbitrarily detained or imprisoned, and his right to be informed of his right to counsel without delay were breached. Thanks to Mr. Malloy's highly detailed argument, cross examination of the arresting officer, and direct examination of the Accused, the Accused was found not guilty and acquitted of all charges.

Sexual Assault: R v P.B., 2023 MBPC

After getting charged with Sexual Assault, the Accused was facing a penitentiary sentence if convicted. Jason Malloy ran a trial and got the Accused acquitted of his charge.

Drug Trafficking: R v Lambert, 2023 MBPC

The Accused was charged with possessing both cocaine and oxycodone for the purpose of trafficking, producing cocaine for use in trafficking, and possessing property obtained by crime over $5,000. The Crown sought a 5-year jail sentence. Jason Malloy set a 2-day trial, and all the charges got stayed prior to a trial proceeding.

Aggravated Assault: R v S.A., 2023 MBPC

The Accused was charged with Aggravated Assault and Assault With a Weapon. Jason Malloy negotiated the charges down to an Assault for a conditional discharge.

Drive Impaired: R v Lamontagne, 2023 MBPC

The Accused had a prior DUI conviction. If convicted again, he was looking at a minimum 30 days of jail time and a minimum 2-year driving prohibition. He avoided a jail sentence after Jason Malloy resolved the matter, by way of a first offence, for a $2,500 fine and a 1-year driving prohibition.

Assault With Weapon: R v Roulette, 2023 MBPC

The Accused had 13 charges, including various weapons-related offences and a domestic Assault. Jason Malloy successfully negotiated stays on all 13 charges.

Assault: R v Monias, 2023 MBPC

The Accused was charged with two counts of Assault and facing up to 180 days of jail time. Jason Malloy set a trial and resolved the matters by way of a Peace Bond, resulting in stays of proceedings.

Mischief Under: R v Larche, 2022 MBPC

Jason Malloy argued there were no grounds to proceed. The Crown agreed and stayed the charge.

Domestic Assault: R v Borbely, 2022 MBPC

Jason Malloy successfully negotiated a stay of proceedings after the Accused was charged with domestic Assault.

Possess Property Obtained by Crime Over $5,000: R v Leblanc, 2022 MBPC

The Accused was charged with Possessing Property Obtained by Crime Over $5,000 in relation to an allegation of drug trafficking. Jason Malloy requested trial dates and got the charge stayed prior to a trial proceeding.

Assault With Weapon: R v Muswagon, 2022 MBPC

The Accused got charged with three counts of Assault With a Weapon, as well as three counts of both Failing to Comply With a Release Order and Failing to Comply With an Undertaking. Jason Malloy resolved the case for a Peace Bond on the Assault With Weapon, a small fine on a single count of Failing to Comply With an Undertaking, and stays on the remaining charges.

Drug Trafficking: R v Barrios, 2022 MBPC

The Accused was charged with Possession for the Purpose of Trafficking Methamphetamine after 112 grams of meth was found on his person. The Crown sought a 2-year jail sentence, which could have resulted in the Accused getting deported. Jason Malloy resolved the matter, resulting in a stay of proceedings prior to the trial commencing.

Drug Trafficking: R v Tolliartega, 2022 MBPC

The Accused was charged with Possession for the Purpose of Trafficking Cocaine and Oxycodone. The Crown originally sought 18 months of jail. Jason Malloy negotiated a conditional discharge, which the Accused received after pleading to possessing oxycodone.

Drive Impaired: R v Church, 2022 MBPC

The Accused faced a second driving while impaired conviction, which carried with it a minimum jail sentence of 30 days and a minimum 2-year driving prohibition. Jason Malloy got the charges stayed.

Drive Impaired: R v Pomedli, 2021 MBPC

The Accused had three previous DUI convictions. He was facing his fourth, and the Crown sought 120 days of jail plus a 3-year driving prohibition. The Accused avoided going to jail after Jason Malloy successfully resolved the matter, by way of a first offence, for a 3-year driving prohibition, a $5,000 fine, and 12 months of probation.

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 had gotten 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 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 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 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 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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