Archive for August, 2014

Archive for August, 2014

Man barred from Toronto subway after sexual assault conviction

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday August 27, 2014.

Charges of sexual assault are not always based on allegations of extreme violence. Sometimes actions that one party thinks are permissible are actually not welcome by the other party, and allegations of inappropriate sexual contact ensue. A person can face a charge of sexual assault for touching another person in a way that is perceived to be inappropriate. Recently in Toronto, a man pleaded guilty to sexual assault in connection with an...
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Sudbury program provides support to men accused of domestic abuse

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Monday August 25, 2014.

"We can't arrest our way out of a problem." Those are words from the Sudbury police chief, speaking about the problem of domestic assault. A number of support groups have teamed with police in Sudbury on a pilot program that is meant not only to offer services to victims of domestic violence, but also to individuals who have been charged with assault. So far, no other city in Ontario has...
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Domestic assault: The importance of pretrial investigation

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Thursday August 21, 2014.

In complex cases involving allegations of violent crime, a multidisciplinary approach to criminal defence is often necessary to protect the rights of the accused. For example, flaws in the prosecution's evidence may not be obvious without the help of specialists who work with the defence in the pre-trial phase. Depending on the individual case, such experts may include psychologists, forensic specialists and experts in technology. In sexual assault and domestic assault...
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Father of 3 convicted, sentenced for drug trafficking in Ontario

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Monday August 18, 2014.

Many people who find themselves facing drug charges have already experienced difficult circumstances in the time leading up to the arrest, but prosecutors nonetheless ask the court to impose heavy penalties upon conviction. Consider the case of a young father who has been diagnosed with cancer. The 23-year-old, who reportedly has three young children, was arrested in Greater Sudbury on July 12. The arrest came after police were investigating the...
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Man arrested in Hamilton after alleged breach of curfew

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday August 13, 2014.

People convicted of violent sexual offences can face a long list of penalties and restrictions in addition to prison time. Depending on the circumstances of a particular case, the consequences of a conviction in Canada could include the following: Placement on the sex-offender registry Entry of a DNA profile in a national databank Prohibition of contact with children Prohibition of being at a school, community centre, swimming pool, day care...
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Can e-bike riders in Toronto be charged with drinking and driving?

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Monday August 11, 2014.

Canadians are generally aware that drinking and driving is illegal. The blood-alcohol limit for drivers is 80 milligrams per 100 millilitres of blood. In addition to jail and fines, the consequences of being convicted of drinking and driving could include loss of driving privileges, higher insurance premiums, obstacles to employment, required treatment programs, probation and a criminal record. What you may not know is that you don't have to be behind...
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Overdose deaths at music festival lead to homicide investigation

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Friday August 08, 2014.

Earlier this year, a man was convicted of manslaughter following the overdose death of a young woman in Winnipeg. The man was accused of providing the morphine pills that caused the woman's death. The conviction, which is based on the assertion that the man's selling the drugs caused the woman's overdose, is believed to be the only one of its kind in Canada. An appeal of the conviction is expected. Now...
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Elderly Toronto man accused of sexual assault dating back to 1977

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday August 07, 2014.

When a complainant makes a sexual assault allegation many years after the offence is said to have occurred, the reliability of witness statements and the validity of the prosecution's evidence quickly come into question. A conviction on a sexual assault charge has extremely serious consequences. To protect their rights and freedom, accused individuals may need legal counsel to draw upon private investigators, technology experts and forensics experts in order to...
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Police cast wide net, arrest 24 on drug-related charges

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Saturday August 02, 2014.

In the midst of large-scale police investigations that lead to multiple arrests, sometimes innocent people are in the wrong place at the wrong time and soon have to confront criminal charges. Overcharging is another common problem in police investigations that cast a wide net. While there may be someone who committed a crime, that doesn't necessarily mean that all parties involved should be charged with the same offence. In any...
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Supporters say racial bias a factor in conviction of Halifax lawyer

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Friday August 01, 2014.

The conviction of a Halifax lawyer accused of sexual assault continues to be a controversy. The Crown argued that the 29-year-old defence lawyer sexually assaulted a 19-year-old woman while she was too impaired to consent to sex. The accused, however, said that the pair had consensual sex. A victim impact statement was apparently not filed by the woman. The man was charged with sexual assault and administering a stupefying substance,...
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