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Archive for 2015

Bill Cosby and US Statute of Limitations

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday December 31, 2015.

Bill Cosby was recently charged in Pennsylvania with aggravated indecent sexual assault. During numerous radio commentaries I have been asked about the concept of limitation periods. Each US State has limitation periods. This can be viewed as a bar to a victim's voice for an offence she or he could not report due to social stigma, embarrassment or emotional trauma. In Canada there are no time limitations. I have defended...
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Feedback provided to proposed carding rule

On behalf of Neuberger & Partners LLP posted in Uncategorized on Wednesday December 23, 2015.

In previous posts we have written about changes activists have sought related to law enforcement's practice of carding, in Toronto. In response, this past fall a draft regulation which is supposed to prohibit the arbitrary and random collection of identifying information by law enforcement officer, was released by Ontario's Ministry of Community Safety and Correctional Services. While their efforts were successful, some are concerned about how police officers would be able to...
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Ruling makes it harder to obtain breathalyser reports

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Monday December 21, 2015.

When someone is charged with drunk driving it is in the best interest of the accused to take steps to defend themselves from the charges. There are multiple approaches to accomplish this that may be taken. One of them is to challenge the breathalyser reports. Recently Ontario’s high court made a ruling regarding obtaining the records. The ruling will make it harder for people seeking the records related to the breathalyser...
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Defences to murder charge vary depending on circumstances

On behalf of Neuberger & Partners LLP posted in violent crimes on Thursday December 17, 2015.

There is no question that being accused of taking the life of another person is a serious offence. The penalties associated with a conviction for this crime could lead to the loss of liberty for the accused. People who find they are facing these charges will not automatically be convicted of the crime. A trial will be conducted during which, a defence to the charges may be offered. Depending on...
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Diversion program available to some youth in Toronto

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Friday December 11, 2015.

Residents of the Toronto Greater Area who have teenagers are well aware that they do not always make the best choices. Sometimes their decisions could result in minor mishaps. Other times however, they could lead to criminal charges. The consequences tied to a conviction could dramatically impact—even ruin— their young lives, all because of a stupid mistake. Recognizing this approach could do more harm than good, the city of Toronto...
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Sexual assault charges can come years after alleged incident

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Friday December 04, 2015.

In a recent post we wrote about a man who faced a charge of murder, decades after allegedly committing the act. In that post we indicated there is not a statute of limitations when it comes to murder. This is not the case with all other crimes. While the period of time in which charges may be brought related to other crimes is not unlimited, many years can pass and...
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Judge finds man who admitted taking videos of students not guilty

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Friday November 20, 2015.

The evidence presented at trial plays an important role in whether an accused is deemed innocent or guilty. Once presented, a judge or jury will determine whether it supports the charges. Recently, a Superior Court Justice acquitted a former secondary school teacher of voyeurism after he was caught making videos of a total of 27 female students. The issues at trial were first, if, while at school, a student had...
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Building a defence may be difficult after long passage of time

On behalf of Neuberger & Partners LLP posted in violent crimes on Wednesday November 18, 2015.

Do you remember what you were doing in 1990? Many people probably do not and would agree that was a long time ago. This was likely the case for a 61-year-old Toronto man who was recently arrested and charged with first-degree murder. The man is accused of stabbing a 38-year-old man to death in 1990, in the course of a robbery, while the deceased worked at a gas bar. After...
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Drunk driving arrests up in GTA

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Friday November 13, 2015.

Throughout the province of Ontario law enforcement officers are on the lookout for drunk drivers. When someone is suspected of engaging in engaging in the activity they may be pulled over and arrested. According to a sergeant with the OPP, this year the number of impaired driving-related charges is up. Throughout the Greater Toronto Area this year, there have been approximately 17 percent more arrests. This number was likely bolstered...
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Domestic violence policy of MLB slated to be tested

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Wednesday November 11, 2015.

In an earlier post we wrote about how some professional athletes could face consequences for domestic violence allegations, above and beyond what the criminal justice system pursues. Depending on the situation, the outcome may be worse than what they would face in conjunction with any criminal charges that might be levied. One of the professional sports leagues that most recently announced its domestic violence policy is Major League Baseball. That policy...
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