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| Examples of Criminal Cases won by Tushar K. Pain |
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Child Abuse
Offences in this category include allegations of physical violence, sexual assault, threats, abandonment, failing to provide necessaries, and other such allegations against children. Allegations of abuse against children are often highly emotionally charged and can be severely destructive to the family unit when they are levelled against a parent. The desire to defend such charges is often at odds with the desire to resolve the case in order to allow the family to re-unite.
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Cases Involving Child Abuse:
R. v. D.H.
Nearly 30 years ago, David Henrige was in a common law relationship with Cristina Coldwell. For a short while, it was a happy relationship and they were a happy family. David took on the role of husband to Cristina and father to her four children. The relationship ended. David moved on. He had forgotten about his past with Cristina until 2002 when two of her children (now adults) came forward and claimed that they had been sexually assaulted by David on over 100 occasions all those years ago. Read the jury address that lead to David Henrige’s acquittal.
R v. J.M.
Julie Milgaard was a highly successful executive in a bank. Over the years she let her use of alcohol increase to the point where it started to affect her judgment. One Saturday, while she was drinking a leisurely beer, she got into an argument with her son. The confrontation became heated and she ended up slapping her son two times across the face, drawing blood from the inside of his mouth. The police were called and she was charged. She knew she had done wrong. She wanted to own up to what she had done. The problem was that a criminal conviction would put her career in jeopardy. She didn't want to drag her son through a trial, making him testify against his own mother. The only way to avoid a conviction while pleading guilty would be if the Court decided to discharge her rather than entering a conviction against her.
R. v. F.M.
Filipo Morris was a 42-year old bachelor living at home with his parents. His mother ran a daycare out of their home and babysat several small children. One of those children complained that Filipo had sexually assaulted her. The parents went to the police. The police contacted Filipo. He immediately provided a full confession. Filipo wanted to take responsibility and plead guilty to what he had done but he was terrified of going to prison. He absolutely wanted to stay out of jail. Avoiding a jail-sentence in these circumstances would be a difficult result to achieve.
R. v. R.J.
Rory Jones was the subject of an intense international police investigation, which resulted in him being charged with the possession and distribution of child pornography. At trial, he pleaded guilty to possession of child pornography and the distribution charge was withdrawn by the Crown. His lawyer at trial asked the judge not to send Mr. Jones to jail. But the trial judge sent Rory to jail for nine months. Rory stood to lose his job, house, and family. His wife came to me for help. She wanted him out of jail. We launched an appeal in the Ontario Court of Appeal. Mr. Jones' appeal was granted. His jail sentence was overturned and he was allowed to serve his sentence in the community. Mr. Jones was able to keep his job, his house and his family.
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Read what clients involved in this kind of case have to say about Tushar K. Pain:
D.H., Oshawa
S.T., Toronto
J.M., Toronto
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You're Invited to Call or E-mail
If you've been charged with a crime - or think you might be charged in the future - you're invited to call me. I'll answer your questions and explain how you can protect your legal rights. I will gladly talk with you on the telephone or in my office. You're invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.
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Tushar K. Pain, Toronto Criminal Defence Lawyer
393 University Avenue ~ Suite 2000 ~ Toronto, Ontario, M5G 1E6
tel: 416.410.4838 fax: 416.410.5532 email: tkpain@torontocriminaldefence.com
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Website Copyright ©2003 - 2010 Tushar K. Pain. All rights reserved.
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DISCLAIMER: The information contained on this site is of a general nature and is not intended to be construed as legal advice. If you have a legal problem, you should seek proper legal advice from a lawyer.
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