Saskatchewan’s highest court has overturned a Regina man’s convictions related to drug trafficking because the judges decided it’s possible the cocaine and cash belonged to someone else.
…
Criminal defence lawyer Linh Pham says self-defence claims have three elements.
“The first is the person has to have a reasonable grounds to fear that they’re getting assaulted or that they’re under threat,” Pham said. “The second element to a self-defence claim is their intent in acting. They must act to protect themselves or another. And the last consideration with regard to a self-defence claim is whether they acted reasonably. They have to act with reasonable force and not use excessive force.”
Pham added that legally you aren’t permitted to carry a weapon even for self-defence purposes but added that using items in your surroundings is not off the table.
The previously-convicted man’s lawyers, Linh Pham and Mervin Nidesh, argued on appeal that the trial judge made mistakes, including failure to find reasonable inferences consistent with their client’s innocence. In this case, that meant failing to find that someone else may have been in possession of what was seized by police.
Thiong came to Canada from Ethiopia as a refugee in 2003 and completed high school in Windsor, Ont., said defence lawyer Linh Pham. He then moved to Brooks, Alta., for work, before eventually moving to Moose Jaw, where he worked as a DJ.
…
“There is the potential for him to make money in that area (based on his skills),” added Pham.
A joint submission between the Crown and defence saw the 35-year-old from Regina get the probation and conditional discharge, with defence attorney Linh Pham thanking the Crown prosecutor “for exercising restraint.”
Linh Pham, a lawyer with Merchant Law Group, said he has had many clients who deal with civil forfeiture applications.
Pham says those changes are concerning.
“[Policing for profit] is a strong term, but you’re inducing the police to seize people’s assets so that it’s profitable for them, so they can use that money for their own needs,” Pham said. “I just don’t think that’s appropriate.”
Noel Harder thought he was legally allowed to have a gun he’s banned from possessing and needed it for protection from imminent danger, according to his lawyer Linh Pham.
…|“Mr. Harder was under the significant imminent threat of individuals trying to hurt him and his family,” Pham said outside of court.
….
“It is not necessarily a dangerous purpose until a situation arises as such,” Pham said
For a FREE CONSULTATION, phone or text: (306)502-5987
Don't face your case alone
Regina Criminal Law
Regina Criminal Law provides expert legal representation in criminal matters across Saskatchewan. Dedicated to protecting your rights with integrity and precision.
Quick links
Practice Areas
Copyright © 2025 Regina Criminal Law | All Right Reserved