It provides that the pretrial conference judge shall discuss the Crown and
defence positions on sentence before and after trial.
Can struggle once out of position, but important for the team when shielding in front of the defence
[33] While it makes little to no difference for analytical purposes, the
alternative defence position, and the one I find more accurately reflects the informational function and mandatory impact of the statutory demand, is that the officer did not make an ASD demand until he read it from his notebook and translated it into non-legalese... [more]
He'll be replaced by Maria Eagle, while Trident opponent Emily Thornberry takes over the
shadow defence position, thereby opening up the space for a significant shift in the party's position on the issue.
[33] While it makes little to no difference for analytical purposes, the
alternative defence position, and the one I find more accurately reflects the informational function and mandatory impact of the statutory demand, is that the officer did not make an ASD demand until he read it from his notebook and translated it into non-legalese at approximately 11:25 pm — some 10 minutes after he had formed the reasonable suspicion to make such demand.
Number wise we are good in the defence position
The defence position was that that crash caused a mild soft tissue injury which resolved by October 2003.
The evidence was contradictory but defence lawyer Joseph Neuberger obtained further evidence demonstrating the complainant as having been involved in an attack on R.M. and W.M. which supported
the defence position that the complainant was the aggressor and the two clients merely acted in self - defence.
Defence Lawyer Joseph Neuberger broke down the two statements and provided the Crown with a chart demonstrating material inconsistencies that supported
the defence position that the only physical contact was for protection of the complainant and not an assault.
Second, with respect to disclosure of
the defence position on triable issues, my general practice is to again invoke the right to silence.
Two other recorded arguments further added to
the defence position that the complainant was the aggressor and made up the allegations because the client ended the 16 year marriage.
There have been times when I answered these questions if I concluded that, in the context of the specific case, answering the question did not disclose or tend to disclose
the defence position.
After several pre-trial meetings, the Crown agreed with
the defence position and all charges were withdrawn.
A detailed written argument with source documents supporting
the defence position was prepared by Joseph Neuberger and submitted to the Crown for their assessment of reasonable prospect of conviction.
The client, being a military police officer, had also explained much of the alleged behaviour consistent with
the defence position.
He highlighted all matters that would support
the defence position and either downplayed or ignored those that would support the position of (the Plaintiff).
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).