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Subway Pusher Found Not Criminally...

R. v. De Oliveira, 2010 ONSC 5847 Reasons for Judgment of Backhouse, J. delivered October 25,2010 BACKHOUSE J.: [1] Adenir De Oliveira is charged with 3 counts of attempt murder and three counts of assault. The accused has admitted he committed the acts alleged. The issue that must be determined in this case is whether the accused has proved on a balance of probabilities that he is not criminally responsible for the acts committed because at the relevant time he was suffering from a mental disorder which falls within Section 16 of the Criminal Code . For convenience, I set this provision out: 16. ( I) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. (2) Every…

28 Oct 2010

Not Criminally Responsible – Sec. 16 of...

21 Oct 2010

Sec. 16 of the Criminal Code reads as follows: 1. Defense of mental disorder – No person is criminally responsible for an act committed or an omission made while suffering…

Hearsay Evidence

18 Oct 2010

Generally speaking, a hearsay statement is an out-of-court statement made by person A to person B (or overheard by person B), which is being tendered in court as evidence of…

Wiretaps

9 Oct 2010

Though members of the public often interpret the word “wiretap” is referring only to listening devices used to intercept telephone calls, criminal defence lawyers and other legal practitioners use the…

Remedies Pursuant to the Canadian Charter of...

5 Oct 2010

It is very important for every Canadian to understand, not only his or her rights under the Canadian Charter of Rights and Freedoms, but also how those rights can be…