Is the Pre-Trial Judge Barred From Being the Sentencing Judge?
Many criminal cases require a JPT (Judicial Pre-Trial). Is the Pre-Trial judge barred from being the sentencing judge? Cases of Gregoire & Kumar (ONCA, 2008) referred to below in H.L., [2009] O.J....
View ArticleDefence wants to call an Expert Witness – Crown argues relevancy
Defence Lawyers sometimes need to call expert witnesses. The Corwn may oppose for various reasons. Is there more flexibility in allowing the DEFENCE to call an expert witness? YES! R.E.M., [2004]...
View ArticleCan the accused testify last – after hearing all the other witnesses?
The defendant can testify in any order he/she wishes as part of the defence case… [The following cases responding to this issue are in contrast to the rules of court governing civil cases where the...
View ArticlePolice Officer testifies about important details that were not in his notes?
“If it is not in the notes, then it did not happen.” Duncan J reversed himself in Golubentsev, [2007] O.J. No. 4608, at para 30: My own decision in R. v. Zack [1999] O.J. No. 5747 is often relied in...
View ArticleIn a criminal trial – Relevance of a foreign / U.S. criminal record?
Stratton, [1978] O.J. No. 3536 (CA): 1 MARTIN, J.A.:— This appeal presents, among others, two questions that are both difficult and important. The first is novel: whether s. 12 of the Canada Evidence...
View ArticleConcealing an Offence
The definition of the US offence of ” Misprision of felony” is as follows: § 4. Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United...
View ArticleA weapon is any thing intended for use to injure “any person”– what about...
Client had knife concealed on person on own property — purpose to commit suicide in own bush. Son called police because father drinking — on undertaking not to. Since suicide is not illegal is he...
View ArticleCan a hand or a prosthetic (attached to body) be defined as a weapon?
Client was charged with assault with a weapon. The weapon used was his false teeth when he bit someone with them. Can a person’s limb or a prosthetic (attached to body) be defined as a weapon? The...
View ArticleCrown must prove identity of…complainant!
Domestic Assault, the charge was that client assaulted X, his wife. Wife did not show up at trial, but a witness came and testified that he saw client hit a female. Does the Crown need to prove that...
View ArticleCommon areas in apartment building or condo – is that considered a “Dwelling...
s. 2 “dwelling-house” means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes (a) a building within the curtilage of a...
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