Archive for 2014

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Archive for 2014

Judge hands down 20-month sentence for former teacher

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday September 17, 2014.

Historical allegations of sexual assault are taken very seriously by Canadian courts. If the accused individual was in a position of authority at the time of an alleged offence, then the Crown may seek particularly harsh penalties in an effort to send a message to the community. A former high school teacher in Quebec was recently sentenced to 20 months in jail after being found guilty of having a sexual...
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Extradition: A serious matter requiring experienced criminal defence

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday September 11, 2014.

Developing a thorough defence against criminal charges is an in-depth, complex process that requires the help of an experienced criminal defence lawyer. Matters can become significantly more complicated, however, if there is the potential that multiple jurisdictions will be involved. If you are facing the possibility of being extradited from Canada to face criminal charges in another country, then it is important that you take action to protect your rights...
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Student faces 3 counts of sexual assault in Ottawa

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Tuesday September 09, 2014.

Sexual assault allegations arise from a wide variety of circumstances. As we discussed in a recent post, a sexual assault charge does not have to be based on an allegation of extreme violence. A person can face very serious consequences after being accused of groping or otherwise inappropriately touching another person. That is the accusation against a student who was recently arrested in Ottawa. Police were called to Carleton University after a...
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Court: Package recipient did not have reasonable expectation of privacy

On behalf of Neuberger & Partners LLP posted in drug charges, Drug Trafficking on Friday September 05, 2014.

Canadians are protected from unreasonable search and seizure because they are legally afforded a reasonable expectation of privacy. However, that expectation has come into question after a recent decision by the British Columbia Court of Appeal. The case involves a man who received and opened a package that contained drugs. The police already knew the package contained drugs, however, because an employee of the courier company thought the sender looked...
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Sprinter Donovan Bailey prohibited from driving after guilty plea

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Wednesday September 03, 2014.

People who find themselves facing drinking and driving charges come from all walks of life. Under Canadian law, drivers are prohibited from having a blood-alcohol level that exceeds 80 milligrams of alcohol per 100 millilitres of blood, and depending on an individual's body weight and metabolism, not much alcohol is required to exceed that limit. Consider the case of Olympic champion Donovan Bailey. The sprinter recently pleaded guilty to driving over...
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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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