|
|
| Examples of Criminal Cases won by Tushar K. Pain |
|
Witness Examinations
The examination of witnesses produces the evidence that trial judges base their decisions on. A lawyer's ability to examine his or her own witness and cross-examine an opposing witness is a skill that is essential to success at trial.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cases Involving Witness Examinations:
R. v. Shane Sutton
After many years of matrimony Shane’s marriage and his life started to fall apart. His wife was having an affair and eventually decided to leave the house with the kids. After some time, she realized that she would be better off if Shane left the house and she lived there instead. When Shane refused, she accused him of criminally harassing her and had him arrested and barred from the family home. Then she quickly moved into the house herself. Read the trial transcript to see what the judge thought of Mrs. Sutton's allegations and her tactics.
Cross-examination of Tamara Cruz (an evasive witness)
Witnesses can sometimes be evasive. This is often to avoid having one of their lies exposed or because they know their story will unravel upon close scrutiny. An example of this occurred with Tamara Cruz, who was a key Crown witness in a sexual assault she had claimed to have witnessed. When her own criminal past came to light, her manner on the stand quickly changed and undermined the reliability of her testimony.
R. v. W.Z.
Willy started an office affair with a co-worker, Kristina. They were in love but the problem was that she was married. When Kristina’s husband found out, she feared that she would lose her children. To protect herself, she claimed that Willy had forced her into the relationship and was threatening to expose it if she didn’t continue on with him. Kristina’s husband insisted that they go to the police. Willy was charged with sexual assault and criminal harassment. Read the transcript of the trial and the eventual decision acquitting Willy.
R v. R.M. (cross-examination of police witnesses)
Ruben Miller was pulled over by the police. His car was searched and the police found drugs and a weapon. Ruben insisted that he was driving normally and did nothing to draw the attention of the police. The police officer claimed that Ruben was driving dangerously and that is why he pulled Ruben over. It was Ruben’s word against the police officer’s word: A tough situation to be in.
R. v. M.D. (examination of a defence witness)
Manfred Dactyl was charged with sexual assault. He had been accused of raping a young girl named Cherice. Cherice was only 15 at the time of the incident. Manfred believed that she was 19. The theory of the defence was that the two did have consensual but unprotected sex. Although Cherice was only 15 at the time, she was old enough to give legal consent. Cherice became pregnant and didn’t know how to handle it so she ignored it. It was only when she was forced to tell her mother of her pregnancy did she claim to have been raped. Her doctor’s notes supported this position. However, the Crown refused to call the doctor as a witness. This meant that the defence would have to call the doctor. A careful examination of the witness was required since the defence would not have the benefit of cross-examination and the doctor was not a defence-friendly witness.
R. v. A.A. (cross-examination of trial lawyer)
An effective cross-examination often means the difference between winning and losing. A hard-hitting cross-examination of Arn Anderson's original trial lawyer was essential to demonstrating that he had, in fact, been forced into pleading guilty and to ultimately winning Mr. Anderson's appeal for a new trial. Read the cross-examination of Arn's trial lawyer that eventually resulted in victory for Arn.
|
|
|
|
|
|
Read what clients involved in this kind of case have to say about Tushar K. Pain:
Shane Sutton, Mississauga
M.M., Toronto
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
Some parts of this website powered by Coranto.
Website Copyright ©2003 - 2010 Tushar K. Pain. All rights reserved.
Website design and production: 1uffakind.com
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.
|
|
 |
|
