Archive for April, 2012

Kyle Frye | Examples Of Favourable Verdicts

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R. v. Kyle Frye
Between
Her Majesty the Queen, and
Kyle Frye
[2012] O.J. No. 14XX
Ontario Court of Justice
Toronto, Ontario
D.G. Hackett J.
Oral judgment: January 13, 2012.
(18 paras.)
Counsel:

Mr. P Fraser, Counsel for the Crown.

Mr. T. Pain, Counsel for Kunnauth Seer.


 

REASONS FOR JUDGMENT

 

1     D.G. HACKETT J. (orally):— This is a decision at the completion of a trial into a charge of over 80.

2     At the outset, I want to thank both counsel very much for narrowing the issues in this case and providing ...

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Ontario Court of Appeal Upholds Absolute Discharge For Importing Khat

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In the recent decision of R v. Tina Maria DeSousa , the Ontario Court of Appeal upheld a trial judge’s decision in granting an absolute discharge to a young woman who pleaded guilty to importing 34 kilograms of “khat” into Canada.  The estimated street value was $17,000.  There was a joint submission before the trial judge by lawyers from both sides recommending a conditional sentence (or house arrest).  The trial judge decided to undercut this position and, instead, granted Ms ...

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The Impact Of Technology On The Defence Of A Criminal Case

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The modern era of technology has impacted our lives in many ways.  To some extent, our effective intelligence has increased significantly as we rely more and more on the Internet to provide us with instant answers and insights into the infinite scenarios we face on a daily basis.  Image walking into the liquor store, looking for the perfect bottle of wine to complement your barbeque steak dinner that evening.  Don’t know anything about wine?  Just ‘google’ it and you’ve got ...

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The Real Estate Industry And Its Obligations Under The PCMLTFA

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The Proceeds of Crime Money Laundering Terrorist Financing Act (PCMLTFA) applies to real estate brokers and sales representatives/agents.  A broker or agent/representative is defined under the Act as a person or entity that is registered or licensed in a province to sell or purchase real estate.  For employees of a reporting entity, the requirements under the PCMLTFA are the responsibility of the broker.  However, the employee still has obligations to report suspicious transactions and terrorist property.

The obligations under the PCMLTFA ...

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Shoplifting: Understanding Why People Do It

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There is a misconception among the general public that people who shoplift do it because they are greedy or it is about the money.  As a lawyer in practice for nearly twenty years, I have represented many people who have been charged with shoplifting.  The reason for having committed the offence is rarely so cut and dry.  It is true – there are some who were just hoping to get away with not having to pay for the item.  However, ...

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Frank, Argyle, Ontario | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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A voice message the following morning after a client of Tushar Pain’s was acquitted of drinking and driving charges:

“Hi Tushar, it’s Frank at 9:00 o’clock in the morning or ten after.  I just wanted to tell you that I can’t thank you enough.  Umm, life changing.  Absolutely, last evening was one of the nicest evenings Carrie and I have ever had together and we have you to thank for that.  So, I cannot thank you enough.  I’m really looking forward to some time in the ...

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Drinking and Driving: The Multiple Offender And Increased Penalties

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In Canada, the penalties for drinking and driving grow progressively stiffer with each subsequent conviction.  We have mandatory minimum sentences, which means that judges cannot sentence a person found guilty of a drinking and driving offence below the mandatory prescribed minimum punishment for drinking and driving.  As of the writing of this article, the mandatory minimum fine for a first offence is $1000.  For a second conviction the mandatory minimum sentence jumps to thirty days in jail.  For each subsequent ...

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When is a youth record under the YCJA destroyed?

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There is a common misconception that a youth record kept under the Youth Criminal Justice Act (YCJA) will automatically be destroyed once a young person reaches the age of 18 years.  This is not the test for determining when a youth record might cease to exist.  In fact, it is quite possible to find yourself in a situation where your youth record becomes permanent.

A youth record is basically a history of information kept either for a purpose stated in the ...

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9 Things You Should Know Before You Plead Guilty To A Criminal Offence

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Deciding to plead guilty to a criminal charge is always a tough decision to make.  The consequences are serious enough that it should be a carefully considered decision made in consultation with an experienced criminal defence lawyer.  There are several things you must understand before pleading guilty:

  1. You must be prepared to admit that you are guilty of the offence you are pleading guilty to.  This may sound obvious but there are many people who will stand up in court ...

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Mohammed, Toronto | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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I  would like to express our thanks and gratitude to you for getting my son acquitted of a DUI charge. This was one of the most frightening events I have ever been through.  Knowing what the consequences are for a young person convicted of this, we wanted to ensure that we had the best representation possible. We are extremely satisfied with your performance at trial and taking the time to explain our options. The defense you ...

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