Monthly Archives: April 2013

Sentencing of Aboriginal offenders in Criminal Proceedings

Courts have taken judicial notice of the systemic and background factors affecting Aboriginal people in Canadian Society. Those factors include the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower … Continue reading

General Ranges of Sentences for Aggravated Assault

There are generally 3 range of sentences for aggravated assault in the case law. The first is the low range which are “exceptional” and are characterized by an unusual degree of mitigation, permitting a court to deviate from the usual … Continue reading

Joint submissions on Sentencing in Criminal Cases

Trial Justices must not reject joint submissions on sentencing unless the joint submission is contrary to the public interest and the sentence would bring the administration of justice into disrepute. This is a high threshold and is intended to foster … Continue reading

The Core elements of a Prosecutor’s discretion

Some examples of the core elements of a Prosecutor’s discretion include: the discretion whether to bring the prosecution of a charge laid by the police; the discretion to enter a stay of proceedings in either a private or public prosecution; … Continue reading

Improper Trial Tactics by Crown Counsel: Criminal Proceedings

The following are a few examples of improper trial tactics by Crown Counsel as confirmed by case law: asking leading questions; improper cross-examination of his or her own witness; eliciting prior discreditable conduct from the accused where the circumstances do … Continue reading

Voice Identification Evidence in Criminal Proceedings

Voice Identification, by itself, is fraught with problems. It is even more uncertain when a voice is identified over the telephone. In evaluating the quality of the evidence, the court must consider the clarity of the telephone transmission; the listener’s … Continue reading