Posts Tagged 'sentencing'

The issue of how to execute someone

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What exactly is the best way for a state to carry out a death sentence?  Read the story here.

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SCC critical of Truth In Sentencing Act

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It is the duty of the courts to ensure that the highest law of the land, the Charter of Rights and Freedoms, is not contravened – read the full article here.

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Mandatory minimum sentence for gun crime struck down

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With the strike down of the mandatory minimum for gun crimes, there may be more guilty pleas to the offence where offenders are able to plea bargain a sentence substantially less than three years… Read the rest of the article here. 

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18-month sentence following a conviction for human trafficking charge

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Toronto criminal lawyer Tushar Pain says an 18-month jail term for human trafficking handed to a man who forced his housekeeper to work long days for little money seems harsh… Read the story here.

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How sentences in criminal cases are determined

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I recently read about a criminal case in the newspaper involving a police officer who received a 90-day jail sentence for breaking the jaw of a motorist that he was investigating (You can read the story here). Naturally, there are mixed opinions about the sentence. Was it appropriate? Was it too lenient? Was it too harsh?

In the world of sentencing there are few absolutes (exceptions exist for offences ...

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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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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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Barbara I., Toronto | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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“Tushar is excellent at his work.”
“Tushar does an excellent job. I like the way he interacts with people. He understands you and explains legal terms really well. In any matter, he really puts himself out to help you understand what he can do. He is excellent at his work.”
Barbara I., Toronto

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Requested No Name, Toronto | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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“I truly appreciate your work on my behalf.”
“I want to thank you, by the way, for your efforts on my behalf. I doubt that I was the easiest client to work with; and my case certainly wasn’t a favourable one for a defence lawyer. I didn’t really fully appreciate what you were able to do for me until I faced the judge and it became clear he would have liked nothing better than to have given me a ...

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J.M., Toronto | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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“Not only did Tushar live up to his promise, he met with me frequently and kept me up to date concerning all the legal aspects of what was happening with my case.”
“Recently, I found myself in some legal trouble and felt lost and without direction. I was in desperate need of legal council. I turned to the Yellow Pages, as I know of no other useful outlet to use. I was impressed with Tushar Pain’s professional ad and ...

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