by Pawel Milczarek | Dec 9, 2023 | Accused's Credibility - Right to Disclosure and Presence at Trial, Capacity to Consent, Charter s.8, Fundamental Concepts, Non-Warrant Excision, Sexual Assault
This week’s top three summaries: R v Zacharias, 2023 SCC 30: s.8 non-warrant #excision, R v Haidary, 2023 ONCA 786: #tailoring evidence, and R v SB, 2023 ONCA 784: s.271 capacity to consent. Our firm focuses on representation in complex criminal trials and...
by Pawel Milczarek | Jun 3, 2023 | Absence of Motive to Fabricate, Accused Election, Credibility, Fraud, Fundamental Concepts
This week’s top three summaries: R v Kitch, 2023 NSCA 33: #fraud elements and reasons, R v RW, 2023 ONCA 250: IAC and #re-election, and R v Taher, 2023 ONSC 1568: #motive to fabricate. This week’s top case deals with the elements of fraud and required...
by Pawel Milczarek | May 20, 2023 | Beyond a Reasonable Doubt, Fundamental Concepts, Hearsay, Murder Parole Eligibility Reduction, Necessity, The Principled Exception
This week’s top three summaries: R v LaChance, 2023 SKCA 48: #necessity and hearsay exp’n, R v Bruzzese, 2023 ONCA 300: absence of #forensics, and R v Baker, 2023 ABCA 136: #murder parole eligibility hearing. This week’s top case deals with the...
by Pawel Milczarek | May 13, 2023 | Accused Exculpatory Testimony - Fabrication, Charter s24(1) Remedy, Defence Reasonably Available, Defence Vukelich, Evidence, Fundamental Concepts, Stay of Proceedings, Voir Dire Format
This week’s top three summaries: R v Haevischer, 2023 SCC 11: #summary dismissal & voir dires, R v Hanan, 2023 SCC 12: 11(b) defence unavailability, and R v JW, 2023 ONCA 304: fabrication & independent evidence. This week’s top case deals with...
by Pawel Milczarek | Feb 4, 2023 | Accused's Right to Address Issues of Importance to Trial Judge, Appeal Custody, Charter s.12, Fundamental Concepts, Mandatory Minimum, Sentencing
This week’s top three summaries: R v Hills, 2023 SCC 2: s12 #cruel and unusual, R v MV, 2023 ONCA 739: 1.5 to 1 on #prison time, and R v Tran, 2023 ONCA 11: TJ cannot raise #concoction in judgment. This week’s top case deals with sentencing issues....
by Pawel Milczarek | Oct 8, 2022 | Attempted Murder, Credibility, Functus Officio, Fundamental Concepts, Stereotypes of Human Behaviour
This week’s top three summaries: R v DEA, 2022 ABCA 308: functus and #sentencing, R v Weng, 2022 BCCA 332: mens rea attempt #murder, and R v MJ, 2022 SKCA 106: #stereotypes and credibility. This week’s top cases deals with sentencing. For great general...
