Archive for February, 2013

How circumstantial evidence is treated by the courts

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Circumstantial evidence is used regularly in the prosecution of criminal cases.  How it is viewed by the courts has changed over time.  How is it to be treated in the context of a criminal prosecution now?  Read the article here.

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Fraud, forfeitures, and fines

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Upon conviction for ‘fraud over $5000’ (a designated offence, as defined in the Criminal Code of Canada), the Criminal Code of Canada provides for the forfeiture of the proceeds of crime. The Criminal Code also allows for a fine instead of an order of forfeiture. This would occur where a court is satisfied that a forfeiture order should be made but the proceeds of crime cannot be made subject to such an order.

Where a fine is ordered under Part Xii.2 ...

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Sentencing issues for ‘simple’ possession of child pornography

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In Canada, the maximum sentence for ‘simple’ possession of child pornography is 5 years in jail where the Crown proceeds by Indictment (see section 163.1 of the Criminal Code of Canada). There is a minimum jail term of 45 days upon conviction. Over the years the legislation has been amended and the penalties are definitely getting stiffer here in Canada.

However, in the United States the sentencing regime for ‘simple’ possession of child pornography is about to become a whole lot ...

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Sam, Brampton | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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Mr. Pain is one of the best Criminal Defense Lawyers in the Business. Not only did he get my Charges withdrawn, but he has also helped me out on 2 other previous charges which resulted in being WON at Trial. Mr. Pain goes to considerable lengths and puts in more of his own personal time when preparing for a case. He handles himself Professionally and works very hard towards a suitable outcome. Mr. Pain always puts his clients needs first ...

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‘Over 80’ and the ‘Presumption Back’

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In most ‘over 80’ cases, the Crown relies upon something called the ‘presumption back’ or the ‘presumption of identity’ to gain a conviction.

What typically happens in an ‘over 80’ case? The accused person is pulled over while driving, taken to the police station and breath tested some time well after the driving. What do those breath tests then reveal? What they reveal is the blood-alcohol concentration of the subject at the time the test was administered. Of course, what the ...

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