Sentences with phrase «crown factum»

The trial judge noted that the complainant only got angry after the alleged assault, and was far more upset when another person humiliated her that night (Crown factum, at para 65); for an excellent paper on the gendered nature of hysteria, see Jonnette Watson Hamilton, «The Use of Metaphor and Narrative to Construct Gendered Hysteria In the Courts» (2002) 1 Journal of Law 7 Equality 155.

He commented that «sex and pain sometimes go together... that's not necessarily a bad thing» (Crown factum, at para 72).

He referred to the accused's testimony as reflecting «consensual, indeed even tender, sex» (Crown factum, at para 49, Appeal Record at p 451).

And later, «she certainly had the ability, perhaps learnt from her experiences on the street, to tell [him] to fuck off» (Crown factum, at paras 66 - 7; Appeal Record at pp 431, 450).

In response to objections by the Crown, the trial judge stated that this was not evidence of sexual activity, rather evidence of a lack thereof, and saw this as relevant to whether the complainant «had the moral or physical strength to rebuff men if she felt like it» (Crown factum, at para 81).

She can take her chances, perhaps in the hope of getting him into trouble» (Crown factum, at paras 62, 64).

Moreover, his comments further reinforce the myth that a woman can not be raped against her will (Crown factum, at paras 84, 86).

Judge Camp also permitted the accused to introduce evidence of the complainant's sexual activity with someone else following the alleged offence, again without an application, which furthered the defence position that she had «enjoyed a weekend of promiscuous activity» (Crown factum, at para 88).

Not exact matches

He had also achieved great amounts of success that included securing an acquittal at trial for a client charged with possessing a controlled substance, obtaining a discharge for a client charged with domestic assault when the Crown wanted a conviction and permanent criminal record, and drafting an appeal factum that resulted in the overturning of a conviction for possession of marijuana on grounds that the client's Charter right to speak to a lawyer was violated.

Nor am I sure about how copyright law applies to SCC factums, though I suppose that the fair dealing and research exceptions would apply, if courts weren't prepared to find that submitting documents in litigation transferred copyright to the court in question and, hence, the Crown.

The Intervenor agrees with the facts stated in the Factums filed by the Appellant Crown (the «Crown») and the Appellant Maurice Genereux («Dr. Genereux, respectively»).

The trial decision is not available on - line, but I was able to secure a copy of the transcripts and the Crown appeal factum.

Having read the Crown's factum, portions of the trial transcript and having heard Crown counsel's arguments, we are satisfied that the trial judge's comments throughout the proceedings and in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity imposed by section 276 of the Criminal Code.