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September 2017 Archives

Can Strict Bail Conditions Lower My Sentence?

You were charged with a criminal offence, such as sexual interference, and released on bail; however, it does not feel like liberty as the conditions on the bail recognizance are incredibly strict. Some examples of strict bail conditions are: house arrest except while in the presence of your surety; limitations on your ability to see family; a curfew; or a condition denying you the ability to go to school or work. These restrictions can be very difficult and limiting for accused persons to go about living their lives. Some would equate the conditions to being in custody; however, bail is not jail.

Consent as a Defence to Assault

At one point in time the law seemed clear that consent could not be a defence to an assault charge that aroes out of a fist fight where injury resulted.  The courts said there was little value in encouraging post bar brawls by allowing such a defence.  But over the last number of years that position has changed.  In some cases, even with more seroius offences, the defence has been succesful.

Disclosure: What does that even mean?

You are charged with a criminal offence, such as a domestic assault. You are released from the police station, given a date to appear in court and told that if you fail to appear in court, you could be subject to a bench warrant. But really what you are not told is about the next steps in the process and what to expect from this whole process. One of the most important steps after you have been released from custody is to receive the disclosure in your matter. Your disclosure is essentially the evidence gathered by the police to support the laying of the charges against you. It may involve written witness statements, police notes, photographs, video statements, video surveillance, or anything else that the police gathered during the course of their investigation.

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September 2017 Archives | Ottawa Criminal Law Blog