Sentences with phrase «evidence of the complainant»

In addition, certain evidence of the complainant was in contradiction to other evidence gathered through the defence investigation.

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).

Further, at trial, evidence of the complainant suggested that the event took well over 10 minutes with extensive details of how the event unfolded.

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.

He allowed the accused to introduce evidence of the complainant's previous sexual activities with someone else — more specifically her efforts to rebuff that person's sexual advances — without conducting the required application under section 276.1 of the Criminal Code.

Evidence of a complainant's sexual history had only previously been used once in the past 16 years — and that was in a case where the similarity of the sexual conduct was bizarre and unusual.

«It follows that the new evidence that GHB occurs naturally in wine, and that it occurred naturally in this brand and vintage of wine, when taken with the other evidence adduced at trial, was sufficiently cogent that it could reasonably be expected to have affected the jury's willingness to act on the evidence of the complainants to convict.»

The Indian Supreme Court is to deal with a challenge to evidence of the complainant in a rape case that was taken by Skype.

At trial, defence lawyer Joseph Neuberger extensively cross-examined all crown witnesses and was able to establish serious inconsistencies in the evidence, evidence of collusion and tainted memory and clear implausibility of a number of aspects of the evidence of the complainant and one of the main supporting witnesses.

Defence lawyer Joseph Neuberger successfully argued that evidence of the complainant's allegations was not admissible.

The trial judge found that the evidence of the complainant was unsafe to rely upon and A.H. was acquitted of all charges.

Defence lawyer Joseph Neuberger obtained detailed statement from a witness that again undermined the evidence of the complainant.

The content of the communications undermined a significant portion of the evidence of the complainant as to the nature of the relationship.

After six hours of cross-examination, Defence counsel Joseph Neuberger raised numerous inconsistencies in the evidence of the complainant.

Mr. Navarrete raised several key inconsistencies in the evidence of the complainant and also demonstrated that D.M. lived a very productive life as a student.

Further, cross-examination established numerous inconsistencies in the evidence of the complainant as compared to her DVD statement.

Detailed and vigorous cross-examination of the complainant undermined the reliability of the evidence of the complainant.

Joseph Neuberger extensively cross-examined the child complainant, the mother of the complainant and other crown witnesses which yielded material inconsistencies in the evidence of the complainant.

The defence further argued that given the content of the text and internet chats, as well as the evidence of the complainant, there was ample evidence to support a defence of honest but mistaken belief of age, wherein D.M. had indeed taken all reasonable steps.

There were extensive communications that once compared with the evidence of the complainants, undermined their evidence and supported the defence in the case.

The witness contradicted the evidence of the complainant.

The evidence of the complainant was ambiguous on the actual sequence of the alleged assault and after careful analysis of the statement, defence lawyer Joseph Neuberger was able to establish that given the client's defensive actions, there was no reasonable prospect of conviction.

The police notes showed inconsistencies in the evidence of the complainant.

Further, the defence investigation, including the use of a private investigator hired by defence lawyer Joseph Neuberger, produced photographs of the alleged crime scene and surrounding area, which assisted in undermining the evidence of the complainant.

Aside from analyzing all of the statements, Defence Lawyer Joseph Neuberger canvassed a number of social media contacts that materially undermined the evidence of the complainant.

[4] 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.