About Pawel Milczarek

Pawel is a partner at Sitar & Milczarek. When he's not litigating he writes the Defence Toolkit blog.
30 09, 2023

The Defence Toolkit – September 30, 2023 – “Ex Parte”

By |2023-09-30T09:50:01-06:00September 30th, 2023|715.1 Video Evidence, Joint Submissions, Presence at Trial s.650, Procedure, Sentencing|1 Comment

This week's top three summaries: R v  MC, 2023 ONCA 611: right to #present, R v JDC, 2023 ABCA 255: s.715.1 #memory, and [...]

23 09, 2023

The Defence Toolkit – Sept 23, 2023 “The Good Samaritan”

By |2023-09-23T08:50:38-06:00September 23rd, 2023|Accused Exculpatory Testimony - Fabrication, Charter s.8, Charter s.9, Evidence, Good Samaritan, Reasonable Suspicion, The W(D) Instruction|0 Comments

This week's top three summaries: R v  Wilson, 2023 SKCA 106: good #Samaritan, R v Sabiston, 2023 SKCA 105: #suspicion + test what?, [...]

16 09, 2023

The Defence Toolkit – September 16, 2023 “No Memory of What Happened”

By |2023-09-16T07:09:29-06:00September 16th, 2023|Capacity to Consent, RPG Evidence in Place, Sexual Assault, SOIRA Exemption, Warrants|0 Comments

This week's top three summaries: R v  Owston, 2023 SKCA 101: s.271 #capacity for consent, R v Hess and Profetto, 2023 ONSC 3065: [...]

9 09, 2023

The Defence Toolkit – September 9, 2023: “Their Entire Worldly Possessions”

By |2023-09-09T09:13:23-06:00September 9th, 2023|Defence of Property, Duress, Self-Defence, Sexual Offences Against Children, Uncategorized|0 Comments

This week's top three summaries: R v  Verhaeghe, 2023 ABCJ 134: #defence of self & property, R v Bonick, 2023 ABCJ 146: #duress, [...]

2 09, 2023

The Defence Toolkit – September 2, 2023

By |2023-09-02T10:24:31-06:00September 2nd, 2023|Appeals, Charter s.12, Consent, Mandatory Minimum, Memory Gaps, Misapprehension of Evidence, Sexual Assault|0 Comments

This week's top three summaries: R v  J.G., 2023 SKCA 92: #contrary evidence, R v Gargan, 2023 NWTCA 5: s.151 min sentence, and [...]

5 08, 2023

The Defence Toolkit – August 5, 2023 “Police Station Interviewing”

By |2023-08-05T16:09:24-06:00August 5th, 2023|Amicus, Charter - Detention, Charter 10(b), CSO for Serious Offence, Sentencing|0 Comments

This week's top three summaries: R v Corner, 2023 ONCA 509: #detention & police interview, R v Kahsai, 2023 SCC 20: #amicus, and R [...]

29 07, 2023

The Defence Toolkit – July 29, 2023: “The Right to be a Nuissance”

By |2023-07-29T08:07:22-06:00July 29th, 2023|Charter s.8, Credibility, Inadvertent Tainting, Reasonable Expectation of Privacy, Self-Defence|0 Comments

This week's top three summaries: R v Walker, 2023 ABKB 341: #self-defence v police, R v Louie, 2023 ABKB 352: s.8 Apt CCTV, [...]

22 07, 2023

The Defence Toolkit – July 22, 2023 “Not Every Group of Three Persons”

By |2023-07-22T08:49:50-06:00July 22nd, 2023|Addiction Mitigation, Appeals, Criminal Organization, Gladue - Mitigation, Insufficient Reasons, Resolving Conflicting Versions, Sentencing|0 Comments

This week's top three summaries: R v Abdullahi, 2023 SCC 19: #appellate review, crim org, R v Murillo, 2023 SKCA 78: #conflicting evidence, [...]

15 07, 2023

The Defence Toolkit – July 15, 2023 “Understanding Fundamental Tenets of Criminal Law”

By |2023-07-15T07:12:45-06:00July 15th, 2023|Appeals, Assault, Driving Prohibitions, Fresh Evidence, Sentencing, Unreasonable Verdict|0 Comments

This week's top three summaries: Nagle v R, 2023 NBCA 35: #assault, #appeals, R v Haroon, 2023 MBCA 60: release of #exhibits, and [...]

1 07, 2023

The Defence Toolkit – July 1, 2023 “Obviously motivated by self-interest.”

By |2023-07-01T08:49:32-06:00July 1st, 2023|Accused - Irrelevant Factors, Credibility, Dangerous Offender, Evidence, Prior Consistent Statements, Sentencing|0 Comments

This week's top three summaries: R v Thompson, 2023 SKCA 66: #credibility of accused, R v Freedland, 2023 ONCA 386: prior consistent #statements, and [...]

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