Posts Tagged 'sexual interference'

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

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Having Tushar on our side during one of the most challenging phases of our lives was a blessing! He is not only competent in what he does but also very caring and empathetic when it comes to helping his clients. He took the time to really understand our situation and provided excellent legal advice and representation. We would highly recommend Tushar to anyone who is going through a difficult legal crisis. We are confident that in him you will find ...

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Henry, Toronto | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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“I was in awe when I heard the words: “Charges have been withdrawn”. For Tushar to have won this case, personally, it’s like having won the lottery. Tushar Pain always made himself available at anytime and for any questions/concerns I had. He worked very hard to obtain many bail changes I had to get in order to keep my job. With all his knowledge and experience, he had me ready for my trial dates.I can not thank you enough for ...

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Historical allegations of sexual assault: Understanding how the evidence in such cases is analyzed

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Cases arising out of allegations of distant events such as claims of sexual assault from a long time ago can be challenging for a court to analyze and assess.  More often than not, there is little in the way of physical evidence leaving the court with little more than the testimony of the complainant alleging the historical sexual assault.  In such instances, the court must exercise caution and scrutiny in analyzing the evidence.

Complainants in sexual assault cases can appear to ...

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Perry Winston | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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Dear Mr Pain,

We are still in shock from today’s trial outcome. It is a good feeling to have this monkey off our back that has been growing larger and heavier as we approached the trial date.

This past week and even past two weeks, Perry has shown more stress and worry. When he would reach a low, he would remember your talks with him and the cautious optimism you gave him and he would gain strength to keep going on ...

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D.H., Oshawa | Client and Colleague Testimonials for Toronto Criminal Defence Lawyer

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“Thank you for your understanding. You have become a good friend as well as a good lawyer. Thanks doesn’t even cover how grateful we are.”

Yours truly,

D.H., Oshawa

Click to read D.H.’s case

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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. 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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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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