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Home/Pawel Milczarek

About Pawel Milczarek

Pawel is a partner at Sitar & Milczarek. When he's not litigating he writes the Defence Toolkit blog.
28 11, 2020

The Defence Toolkit – November 28, 2020

By |2020-11-28T12:59:05-07:00November 28th, 2020|Anecdotal Evidence, Bad Character Evidence, Expert Evidence, Experts, Probative v Prejudicial|0 Comments

This week's top three summaries: R v Cook, 2020 ONCA 731: bad #character & #expert evidence, R v Bean, 2020 ABCA 409: ability to pay #restitution [...]

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21 11, 2020

The Defence Toolkit – November 21, 2020

By |2020-11-21T15:28:39-07:00November 21st, 2020|Charter s.9, Juries, Overholding, Self-Defence, Stand-Aside|0 Comments

This week's top three summaries: R v Baptiste, 2020 ONSC 6823: #selfdefence, R v Josipovic, 2020 ONSC 6300: judicial #jury stand-aside and R v Sakhuja, 2020 ONCJ [...]

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14 11, 2020

The Defence Toolkit – November 14, 2020

By |2020-11-14T12:08:38-07:00November 14th, 2020|Battered Spouse Syndrome, Charter 10(b), Defences, Offences, Refusal, Self-Defence, Without Delay|0 Comments

This week's top three summaries: R v Yong, 2020 ABQB 676: #delay in access to #counsel, R v Mason, 2020 MBQB 151: self #defence, and R v [...]

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7 11, 2020

The Defence Toolkit – November 7, 2020

By |2020-11-07T14:17:16-07:00November 7th, 2020|Bail Summary Exaggeration, Border Search, Charter 10(b), Charter s.8, Charter s.9, Credibility, Denigration of Counsel, Stereotypes of Human Behaviour|0 Comments

This week's top three summaries: R v Canfield, 2020 ABCA 383:#phone #search at border unconstitutional, R v Cooke, 2020 NSCA 66: #sexual offence #credibility, and R [...]

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31 10, 2020

The Defence Toolkit – October 31, 2020

By |2020-10-31T14:43:32-06:00October 31st, 2020|Accused's Prior Exculpatory Statements, Charter s.7, Charter s.8, Confidential Informants, Entrapment, Evidence, Warrants|0 Comments

This week's top three summaries: R v Sanhueza, 2020 BCCA 279: accused out-of-court #statement, W(D), R v CDR, 2020 ONSC 5030: #entrapment, and R v Kohut, [...]

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25 10, 2020

The Defence Toolkit – October 24, 2020

By |2020-10-25T08:14:24-06:00October 25th, 2020|Charter s.8, Impaired Operation, Sexual Assault, Sexual History s 276, Warrants|0 Comments

This week's top three summaries: R v Verrilli, 2020 NSCA 64: #unsealing ITO, R v Kapustinsky, 2020 ABQB 611: #sexual history and R v Savage, 2020 ABQB [...]

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17 10, 2020

The Defence Toolkit – October 17, 2020

By |2020-10-17T09:52:33-06:00October 17th, 2020|Charter s.11(1) - Right to Lesser Punishment, Charter s.9, Credibility, Material Inconsistencies, Motive to Fabricate, No Reasonable Connection to Offence|0 Comments

This week's top three summaries: R v RP, 2020 ONCA 637: duty to resolve #inconsistencies and W(D), R v Gamble, 2020 SKPC 34: s.9 #detention, and R [...]

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3 10, 2020

The Defence Toolkit – October 3, 2020

By |2020-10-03T09:27:55-06:00October 3rd, 2020|Accused's Prior Exculpatory Statements, Credibility, Evidence, Lack of Embellishment|0 Comments

This week's top three summaries: R v Beckett, 2020 BCCA 262: #fabrication as post-offence conduct, R v Alisaleh, 2020 ONCA 597: lack of #embellishment as makeweight [...]

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26 09, 2020

The Defence Toolkit – September 26, 2020

By |2020-10-03T07:14:39-06:00September 26th, 2020|Charter s.8, Emergency Entry, Facts for Sentence, Sentencing, Warrantless Entry into Home|0 Comments

This week's top three summaries: R v Williams, 2020 SKCA 108: #sentencing; need for facts, R v Pawar, 2020 BCCA 251: #warrantless entry into home, and R [...]

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20 09, 2020

The Defence Toolkit – September 20, 2020

By |2020-09-24T19:21:35-06:00September 20th, 2020|Appeals, Credibility, Evidence, Insufficient Reasons, Possession, Unresponsive Answers|0 Comments

This week's top three summaries: R v PM, 2020 ONSC 5439: #credibility; unresponsive #witness, R v Abreha, 2020 ONCJ 401: #possession and the found-in, and R v [...]

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