Archive for May, 2012

How important is motive?

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Proving motive in a criminal trial is not a requirement.  However, the concept of motive can be so powerful that to be able to prove it by either the Crown or the criminal defence can mean the difference between victory and defeat.  Read the article here.

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Over 80 Police Investigations Becoming More Effective

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Many of the arguments made in the defence of an over 80 charge involve scrutinizing the actions of the police.  Criminal defence lawyers will often argue that the police did not act with legal authority.  Often times, such arguments are made by criminal defence lawyers based on the untimeliness of police actions.  In other words, the police unnecessarily delayed taking the steps they were required to do so in a more timely fashion.  The police have now started to respond ...

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Using The Complainant’s DVD Statement At A Domestic Assault Trial

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In many instances of domestic assault, the case often turns on the testimony of the complainant as there is often little other evidence available to the Court.  In such cases, where the complainant has provided a videotaped statement to the police, the effective utilization of this statement at the domestic assault trial by the criminal defence lawyer may mean the difference between victory and defeat.  Read the article here.

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Drinking and Driving: The End of the ‘Careless Driving’ deal

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In some circumstances, when an accused person is facing a charge of impaired driving or over 80, it is possible to negotiate with the Crown for a plea to the lesser charge of ‘careless driving’.  This is typically so in circumstances where the blood alcohol of the person charged is alleged to have been only slightly over the legal limit.  However, now with the implementation of the Ignition Interlock Program in Ontario, this type of deal is coming to an ...

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Xi Wan | Examples Of Favourable Verdicts

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Case Name:

R. v. Wan

Between

Her Majesty the Queen, Plaintiff, and

Xi Wan, Defendant

[2011] O.J. No. 63XX

Ontario Court of Justice

Brampton, Ontario

R. Kelly J.

Oral judgment: November 25, 2011.

(50 paras.)

Charges: Section 267(b) and 264.1(1)(a) Criminal Code of Canada

Counsel:

A. Gauthier – Counsel for the Crown.

T. Pain – Counsel for the Accused.

 

 

1 R. KELLY J (orally):– This case first came before me on June 8th. Much of that day was occupied with an inquiry into the competency of the interpreter who had been assigned to the courtroom. ...

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Domestic Assault Charges and the PAR program

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It has now become standard practice throughout the criminal courts of Southern Ontario to offer an Early Intervention Program for many people facing a domestic assault charge.  For those courthouses that do offer such a program, each will typically have its own particular way of administering it and selecting eligible candidates.  In a nutshell, here is how it works:  If you have been screened for the Early Intervention Program, your case will be adjourned to a day of the month ...

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