About Pawel Milczarek

Pawel is a partner at Sitar & Milczarek. When he's not litigating he writes the Defence Toolkit blog.
16 03, 2024

The Defence Toolkit – March 16, 2024: “Common Sense Assumptions”

By |2024-03-16T10:10:32-06:00March 16th, 2024|Common Sense Assumptions, Credibility, Sexual Assault, Sexual History s 276|0 Comments

This week's top three summaries: R v Krak, 2024 SSC 7: #common sense, R v Ali, 2024 ONSC 1356: s276 #inconsistencies, and R [...]

9 03, 2024

The Defence Toolkit – March 8, 2024: Reasonable Expectation of Privacy

By |2024-03-09T07:18:58-07:00March 9th, 2024|Charter s.8, Overseizure, Pre-Trial Custody, Reasonable Expectation of Privacy, Warrants|1 Comment

This week's top three summaries: R v Bykovets, 2024 SCC 6: #privacy & IPs, R v Gill, 2024 BCCA 63: #overseizure, and R [...]

2 03, 2024

The Defence Toolkit – March 2, 2024 “Assumptions about Dealers”

By |2024-03-02T10:19:47-07:00March 2nd, 2024|Charter 11(b), Charter s.8, Credibility, Defence Reasonably Available, Manner of Execution, Motive to Fabricate, Warrants|0 Comments

This week's top three summaries: R v Harper, 2024 ONSC 925: s.8 #dynamic entry, R v Walters, 2024 ONSC 978: family law #collusion, [...]

24 02, 2024

The Defence Toolkit – February 24, 2024: “A single photo”

By |2024-02-24T08:27:05-07:00February 24th, 2024|Eye-Witness Identification, Hearsay, Juries, Prosecution Closing, Res Gestae|0 Comments

This week's top three summaries: R v Shaw, 2024 ONCA 119: #Crown closing, stranger ID, R v Pelletier, 2024 SKCA 12: #spontaneous utterance, [...]

17 02, 2024

The Defence Toolkit – February 17, 2024: “Crown onus”

By |2024-02-17T10:52:25-07:00February 17th, 2024|Fundamental Concepts, NCRMD, Onus on a Defence, Possession|0 Comments

This week's top three summaries: R v Refaeh, 2024 ONSC 755: #onus on driving offence, R v Ozipko, 2024 SKCA 9: NCR #release, [...]

10 02, 2024

The Defence Toolkit – February 10, 2024: “Please knock before entry”

By |2024-02-10T08:26:16-07:00February 10th, 2024|Charter s.8, Dangerous Offender, No Knock, Sentencing, Sexual Assault, Sexual Purpose|0 Comments

This week's top three summaries: R v Russell, 2024 ONSC 529: s.8 no #knock, RTJ, R v TA, 2024 ONSC 528: #sexual purpose, [...]

3 02, 2024

The Defence Toolkit – February 3, 2024 “Stays for Multiple Charter Violations”

By |2024-02-03T09:52:43-07:00February 3rd, 2024|Charter s24(1) Remedy, Stay of Proceedings|0 Comments

This week's top three summaries: R v Brunelle, 2024 SCC 3: 24(1) #stay, R v Charles, 2024 SKCA 8: s.8 #warrants, and R [...]

27 01, 2024

The Defence Toolkit – January 26, 2024 “Extrinsic Evidence”

By |2024-01-27T08:59:56-07:00January 27th, 2024|Evidence, Judicial Notice, Possession, Prior Consistent Statements|0 Comments

This week's top three summaries: R v R.M., 2023 BCCA 455: judicial #notice, R v S.C., 2023 ONCA 832: prior #consistent stmt, and [...]

20 01, 2024

The Defence Toolkit – January 20, 2024 “Off-the-Record Conversations”

By |2024-01-20T09:37:38-07:00January 20th, 2024|Experts, Opinion Evidence, Police Drug Experts, Reasonable Apprehension of Bias|0 Comments

This week's top three summaries: R v  KJMJ, 2023 NSCA 84: #bias, R v Moreira, 2023 ONCA 807: lay #opinion, and R v [...]

13 01, 2024

The Defence Toolkit – January 13, 2024: “Murder and Mental Health”

By |2024-01-13T09:50:43-07:00January 13th, 2024|Exhortation, Murder - Mens Rea - Mental Health, Third Party Suspect|0 Comments

This week's top three summaries: R v Lawlor, 2023 SCC 34: #mental illness & murder, R v Abreha, 2023 ABCA 357: jury #exhortation, [...]

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