ÉditeurEmond Publishing
Date de parutionJuin 2024
ISBN9781774626658
Nombre de pages718
Formatpapier
Reliuresouple
Code de produit

343.060.24

Criminal Law Series – Volume 4 : Prosecuting and Defending Sexual Offence Cases, 3rd Edition


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149,00 $


In Prosecuting and Defending Sexual Offence Cases, 3rd Edition, Justice Jill Witkin (Ontario Court of Justice) and defence lawyer Daniel Brown offer a current and comprehensive examination of the legal processes involved in litigating sexual offences. This bestseller is designed to help practitioners focus on the procedural, evidentiary, and strategic elements unique to sexual offence cases. These elements include publication bans, search issues, children’s evidence, expert evidence, cross-examination on private records, sentencing, and more.

The third edition contains a new chapter on sexual offence appeals, addressing commonly raised issues and landmark cases from the Supreme Court of Canada, such as R v JJ. Additionally, this guide includes new discussion of Bill S-12 and reflects recent changes in Bill C-75 pertaining to preliminary hearings and in Bill C-51 pertaining to third party records, sexual history, and consent.

Analysis of case law and relevant Criminal Code provisions are integrated throughout to effectively guide readers through the flow of a sexual offence case, from arrest to appeal.

This text is Volume 4 in Emond’s Criminal Law Series.

Features

  • A new chapter dedicated to the practice and procedure for sexual offence appeals, including discussion of indictable appeals, summary conviction appeals, bail, common grounds, complainant rights, fresh evidence, and Crown appeals.
  • Expanded discussion of evidentiary issues on the developing law on rape myths and stereotypical reasoning.
  • Extensive updates pertaining to new legislation, including the Bill C-51 and Bill C-75 amendments to the Criminal Code.
  • Insights from criminal law experts: Cecilia Hageman, Meaghan Cunningham, and Colleen McKeown.
  • Comprehensive guidance on prosecuting and defending historical sexual offence allegations.
  • Expanded discussion on evidentiary issues, including a section dealing with “myths and stereotypes” in relation to the complainant and the accused.
  • Key commentary, from both Crown and defence, on advocacy and trial strategy.
  • A Foreword by Marie Henein.
  • Practical checklists, tables, and sample consent form.

Authors

Daniel Brown, LLB, CS is a criminal defence lawyer and lead counsel at Daniel Brown Law LLP in Toronto, Ontario, where he has a trial and appellate practice devoted to criminal, constitutional, and regulatory law.

Since his call to the bar in 2005, Daniel has appeared at every level of court in Ontario and the Supreme Court of Canada, regularly defending clients facing sexual offence allegations in all corners of the province.

He is certified by the Law Society of Ontario as a specialist in criminal law and is a vice president of the Criminal Lawyers’ Association (CLA). In his role as a vice president of the CLA, Daniel chairs both the Communications Committee and Litigation Committee, which direct interventions on behalf of the CLA to the Ontario Court of Appeal and the Supreme Court of Canada. He also acts as review counsel for Innocence Canada (formerly the Association in Defence of the Wrongfully Convicted).

Daniel has authored articles for a number of legal journals and contributed commentaries for the Toronto Star on a wide range of criminal law topics. Daniel also mentors young lawyers and frequently lectures at law schools and continuing legal education programs hosted by the Crown and defence bar.

Jill Witkin, LLB, LLM was called to the bar in 1994 and has spent her career working in criminal justice prosecutions in downtown Toronto. Jill currently works as counsel at the Crown Law Office (Criminal) and sits as the Chair of the Criminal Law Division’s Sexual Violence Advisory Group. She was Deputy Crown Attorney at the Old City Hall courthouse from 2009 to 2015, and prior to that she was team leader of the Child Abuse Team. She was a member of various trial teams between 1994 and 2007, and does a great deal of trial and appellate work that involves cases of sexual assault.

Jill was past director of the Ontario Crown Attorney’s Association summer school courses, Sexual and Domestic Violence, and Sexual Offences. She speaks on various aspects of criminal law and procedure at a variety of education conferences. She has also conducted workshops in Uganda, teaching justice participants how to effectively interview children and adduce a child’s evidence in court.

Jill completed her Master of Laws in 2002 in Melbourne, Australia, where she completed a thesis on videolink testimony in the courtroom.

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