Conviction stayed for man beaten by police

Conviction stayed for man beaten by police

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday February 19, 2014.

There are certain rights that all Canadian defendants and suspects have, many of which are designed to protect them from inappropriate treatment by the government. This includes police. There are certain things that police officers just can’t do to suspects. One of the reasons is because if a suspect talks or admits to something, police want the admission to be of the suspect’s own free will. If a court believes that the confession is coerced, it will be thrown out and the officers’ behavior will be under close scrutiny.

Unfortunately, one man accused of robbery had to go through a police beating before it appears he talked. He was subsequently charged and convicted of the crime. Initially, he was sentenced to 5 1/2 years in prison, one year shorter than the 6 1/2 the judge would have handed down, but for the police misconduct. On appeal, however, the Ontario Court of Appeal stayed the conviction because of the suspected brutality.

Another man suspected in the same robbery of approximately $350,000 worth of copper piping was also beaten, threatened and intimidated by police. He was much more seriously injured, however, and even had a cracked rib. In the end, the Crown chose not to prosecute him, likely because of the police brutality.

Not only does police brutality violate an individual’s rights and freedoms, but it also makes any confessions or evidence collected by police suspect. This alone makes it more difficult for the Crown to win a case. More importantly, however, being beaten by the police fails to treat suspects with the respect they deserve.

Source: Toronto Sun, “Police brutality in Toronto,” Alan Shanoff, Feb. 15, 2014


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On behalf of Neuberger & Partners LLP posted in COVID-19 on Tuesday March 17, 2020.

At Neuberger and Partners, we are monitoring the COVID-19 situation and have implemented safety measures to ensure the safety of our clients and staff. Our priority is and always will be the health, well-being and safety of our staff, clients and colleagues.

We have put in place various measures to prevent and minimize the impact of COVID-19:

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Frequently Asked Questions:

Will the firm still run if there are closures?

  • We are committed to assisting our clients. We remain open to assist our clients at this time (following aforementioned standards for health and safety). For clients who wish to communicate with our firm virtually, we have the technology for virtual meetings and are able to respond to the needs of our clients in a manner best to protect our staff and clients’ health.

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What is the court situation? How will we deal with court closures?

  • At this time, the Superior Court of Justice is closed from March 17, 2020 to June 1, 2020 – unless a judge orders otherwise.
    If you have a March matter, your matter will be postponed to June 2, 2020.
    April matters will be postponed to June 3, 2020 and May matters will be pushed to June 4, 2020.
  • Similarly, the Ontario Court of Justice will be closed for 10 weeks for all out of custody matters in criminal practice court. In custody matters will still be addressed. It is unclear if out of custody matters such as trials or preliminary hearings will continue since the courts have left this decision to the discretion of the judges. However, Bail courts will remain open for the time being.
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Joseph Neuberger