Whether a Sentencing Court should order a fine instead of forfeiture in respect of property that was used, with prior judicial authorization, to pay for the reasonable costs of an accused’s legal defence

Published On: Nov 19,2019

In broad terms, Section 462.37(3) of the Criminal Code of Canada should not be used, by judges, to levy a “fine instead of forfeiture” with regards to funds that have been judicially returned to the accused for the payment of reasonable legal fees associated with their criminal
Read More »

Sufficiency, Logical Coherence, and the Inferential Scope of a Trial Judge’s Reasons predicated on an Illogical Foundation, resulting a reviewable failure to explain the rejection of a Defence in a Sexual Assault Case.

Published On: Oct 18,2019

The sufficiency of reasons is often raised as an issue in appellate matters that involve criminal proceedings. A deeper examination of the factual record of a trial can unearth the hidden assumptions and non-sequiturs, demonstrative of a fairly innocuous yet fallacious application of inferential reasoning.
Read More »

HIV and Attempted murder, Common Sense Inferences in a Jury Charge, Aggravated Sexual Assault and the realistic possibility of transmission

Published On: Aug 24,2019

In Regina v. S.B., 2019 ONCA 652, the Court of Appeal considered the sufficiency of a trial jury’s instructions on, generally, the intersection between the transmission of HIV and any permissible inferences associated with the charge of attempted murder under the Criminal Code of Canada.    The accused was HIV positive.  The Crown’s
Read More »

A sentencing judge’s decision to “jump” and joint position between the defence and the Crown was overturned, in an Impaired Driving case, by the Court of Appeal when the sentencing court failed to follow the applicable principles on joint positions and vacating a guilty plea

Published On: Jul 04,2019

In Regina v. Espinoza-Ortega, 2019 ONCA 545, the Ontario Court of Appeal set aside the accused’s conviction and sentence for impaired driving causing bodily harm and related charges and ordered a new trial. The accused entered a guilty plea and presented a joint submission for a sentence of 45 days, three years’
Read More »

Request a Quote