Posts Tagged 'sexual assault'

R. v. W.Z. | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
WILLY ZANE
**********

HEARD BEFORE THE HONOURABLE MR. JUSTICE J.M. PROSE
**********

PROCEEDINGS AT TRIAL

**********

S. BURKE, ESQ. — For the Crown
T. PAIN, ESQ. — For the Accused

THE COURT: All right, then, the matter of Willy Zane, you are prepared to proceed? MR. BURKE: Yes.
THE COURT: Counsel is prepared to proceed?
MR. PAIN: Yes.
THE COURT: Counsel’s name for the record?
MR. PAIN: It’s “Pain,” Your Honour. It’s spelled P-A-I-N; first ...

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R. v. F.M. | Examples Of Favourable Verdicts

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Case Name:
R. v. Morris

Between
Her Majesty the Queen, and
Filipo Morris

[2005] O.J. No. 3459

Ontario Court of Justice
W.A. Gorewich J.

January 18, 2005.
(30 paras.)
Counsel:
Ms. A. Zagorski for the Crown
Mr. T. Pain For the Accused

1 W.A. GOREWICH J.:— Mr. Morris entered a guilty plea to a count of sexual touching for a sexual purpose, contrary to s. 151 of the Criminal Code. On April the 13th, 2004, the Crown elected to proceed summarily in this matter. ...

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R. v. S. W.C. | Examples Of Favourable Verdicts

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Indexed as:
R. v. S.W.C.

Between
Her Majesty the Queen, and
S.W.C.

[1999] O.J. No. 3741

Ontario Court of Justice
Toronto, Ontario
Bean J.

April 21, 1999.
(5 paras.)

 

Charges: Sexual Assault x 2

Counsel:

 

Sona Advani, for the Crown.
Tushar Pain, for the accused.

¶ 1      BEAN J.:— This is the motion brought by the young person who seeks relief for an alleged breach of his rights under Section 11(b) of the charter.  The delay in this matter in total is 16 months and 15 days.  The delay largely ...

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R. v. D.H. | Examples Of Favourable Verdicts

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CLOSING ADDRESS

“Good afternoon Ladies and Gentlemen,

It now becomes my duty as well as my privilege to address you on behalf of David Henrige. As the defence has elected to call evidence, therefore I am obliged to speak with you first. When I sit down, you will hear no more from the defence – the prosecution will have the last word. Now, there may be things the prosecution says that I would like to answer or that should have reply. ...

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R. v. M. N. | Examples Of Favourable Verdicts

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Case Name:
R. v. M.N.

IN THE MATTER OF the Young Offenders Act, R.S.C. 1985, c.
Y.1

Between
Her Majesty the Queen, and
M.N.

[2002] O.J. No. 2221
File No. 00/Y05066

Ontario Court of Justice
Youth Court – Oshawa, Ontario
Stone J.

Oral judgment: February 21, 2002.
(8 paras.)

Charges:  S. 271 Criminal Code – Sexual Assault S. 151 Criminal Code – Sexual Interference

Counsel:
S. Nielsen, for the Crown.
T. Pain, for the young person.

¶ 1      STONE J. (orally):— This is a so-called Khan Application, brought by the ...

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R. v. M.D. (examination of a defence witness) | Examples Of Favourable Verdicts

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EXAMINATION IN-CHIEF OF DR. EMILY SMITH

THE COURT: Just have a seat there and try to speak into the microphone, if you would please.

Q: Good morning, Dr. Smith. You are a medical doctor; is that correct?

A: Yes.

Q: And you could please tell the jury what type of Doctor you are?

A: I have been a family physician and I have been working in Scarborough since 1972. I am on staff at three hospitals in Scarborough, and I also do obstetrics as ...

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Cross-examination of Tamara Cruz (an evasive witness) | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
NELSON MANDELL
PROCEEDINGS AT TRIAL

BEFORE THE HONOURABLE MR. JUSTICE BOULDER
on May 30th, XXXX, at OTTAWA, Ontario.
**********
APPEARANCES:
S. Foster
Counsel for the Crown
T. Pain Counsel for the Accused
**********
TAMARA CRUZ RE-SWORN
EXAMINATION-IN-CHIEF BY MS. FOSTER
Q: Ms. Cruz I’m going to be very brief with you. Just to clarify a couple of things, I understand that certainly you had the opportunity to read your evidence, the ...

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Sexual Assault: The False Allegation | Criminal Defence Articles by Tushar K. Pain

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Facing a false allegation of sexual assault is a stressful event. You may be experiencing feelings of shame, embarrassment, anger, and fear. “Why is this happening to me?” “What should I do?” These are common questions that you may be asking yourself.

The offence of sexual assault encompasses everything from a simple pat on the bum to forced intercourse. Therefore, the allegations can vary in degrees of seriousness. However, the Office of the Crown Attorney (the prosecutor) takes all allegations ...

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