Information About O’Connell Law Blog
- New Changes to Extreme Intoxication in 2022
R. v. Sullivan The case involves two different defendants, Sullivan and Chan. Their cases are unrelated but were arguing the same issue and have come before the Supreme Court together. Section 33.1 – Extreme Intoxication When defence not available 33.1(1) It is not a defence to an offence referred … Read more »
- Inadmissible Anecdotal Evidence or Admissible Experience-Based Knowledge?
From time-to-time, police officers will testify as experts on the basis of expertise that has been obtained through practical experience on the job over many years. The boundaries of any proposed expert opinion must be carefully delineated. As well, the trial judge must ensure that the expert stays … Read more »
- The Rules of Victim Impact Statements
The victim impact statement should not include opinion evidence and should be confined to discussing the harm suffered by the victim. The VIS should not encourage or urge a certain sentencing outcome. Doing so runs the risk of steering the sentence imposed based on revenge. Regardless of whether the … Read more »
- Global Sentences
In Canada, the phrase “global sentence” is used to describe a single sentence that reflects the cumulative culpability for all offences on which the offender is sentenced. (In the US, this type of aggregate sentence is termed a “unitary” sentence). The practice of imposing a global sentence is gen … Read more »
- What do you do when a juror falls asleep?
Personally, I find the law and trials fascinating, but I understand they are not everyone’s cup of tea. Take the juror in R. v. Anderson, 2021 ONCA 45 for instance; he seems to enjoy other interests. We know this as it appears he may have fallen asleep during part of that trial. Anderson was ultima … Read more »