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Category: assault

Amendment makes assault on a TTC driver an ‘aggravating circumstance’

On behalf of Neuberger & Partners LLP posted in violent crimes on Tuesday March 10, 2015.

When a court deems that a criminal offence was committed under "aggravating circumstances," sentencing may be increased. Examples of aggravating circumstances recognized by Canadian courts include the following: Evidence that the defendant abused someone younger than 18 Evidence that there was a relationship of trust or authority between the defendant and the victim Evidence that an assault or other criminal offence was motivated by prejudice or hate Evidence that the...
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What factors are considered in self-defence claims?

On behalf of Neuberger & Partners LLP posted in violent crimes on Thursday January 29, 2015.

When a physical altercation between two individuals results in injury, someone is likely to be arrested if police are called to the scene. However, not everyone charged with assault is guilty, and determination of whether an act was an assault requires consideration of a variety of factors. For example, defence of person is one kind of criminal defence that can result in a verdict of not guilty. Under the Canadian...
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Man accused of Toronto assault exonerated by video evidence

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday January 20, 2015.

Deception may not be their intention, but witnesses in criminal cases are not always reliable. As time passes, memory fades or becomes a distortion of the actual event, and often people develop inaccurate reconstructions that could potentially lead to the conviction of the accused. Witnesses may also be susceptible to undue influence from police officers and prosecutors, and cross-examination by a criminal defence lawyer is needed to arrive at the...
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