Archive for 'Domestic Assault Trial Issues'

Proving Motive

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Look in any basic criminal law text and you’ll see that motive is not an element that must be proven in a criminal trial.  That having been said, when a party is able to demonstrate a motive, it is often able to gain the victory in the trial.  This principle applies both to the prosecution as well as the defence.  For the Crown, where it is able to demonstrate a motive on the part of the accused to have committed ...

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Domestic Assault: Using the Complainant’s Video Statement At Trial

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Many domestic assault cases are of the ‘he said, she said’ variety with little other evidence to substantiate any of the allegations.  In such circumstances the case will typically turn on the testimony of the complainant alleging the domestic assault.  As a criminal defence lawyer, it becomes crucial in such cases to know the testimony of the complainant inside and out.  Often times in such cases the complainant will have provided a videotaped statement to the police.  This videotaped statement ...

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