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| Examples of Criminal Cases won by Tushar K. Pain |
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Sexual Offences
This category includes the offences of ‘sexual assault’, ‘sexual interference’, ‘sexual exploitation’, ‘invitation to sexual touching’, and other such offences. The allegations can be by family members or strangers; adults or children. They can be alleged to have occurred in the recent past or years ago. Depending on the nature of the allegations and when they were alleged to have occurred, the matter may proceed as either a summary conviction matter or an indictable matter. The maximum penalties for indictable matters are higher than for summary conviction matters.
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Cases Involving Sexual Offences:
R. v. W.Z.
Willy started an office affair with a co-worker, Kristina. They were in love but the problem was that she was married. When Kristina’s husband found out, she feared that she would lose her children. To protect herself, she claimed that Willy had forced her into the relationship and was threatening to expose it if she didn’t continue on with him. Kristina’s husband insisted that they go to the police. Willy was charged with sexual assault and criminal harassment. Read the transcript of the trial and the eventual decision acquitting Willy.
R. v. D.H.
Nearly 30 years ago, David Henrige was in a common law relationship with Cristina Coldwell. For a short while, it was a happy relationship and they were a happy family. David took on the role of husband to Cristina and father to her four children. The relationship ended. David moved on. He had forgotten about his past with Cristina until 2002 when two of her children (now adults) came forward and claimed that they had been sexually assaulted by David on over 100 occasions all those years ago. Read the jury address that lead to David Henrige’s acquittal.
R. v. F.M.
Filipo Morris was a 42-year old bachelor living at home with his parents. His mother ran a daycare out of their home and babysat several small children. One of those children complained that Filipo had sexually assaulted her. The parents went to the police. The police contacted Filipo. He immediately provided a full confession. Filipo wanted to take responsibility and plead guilty to what he had done but he was terrified of going to prison. He absolutely wanted to stay out of jail. Avoiding a jail-sentence in these circumstances would be a difficult result to achieve.
R. v. R.J.
Rory Jones was the subject of an intense international police investigation, which resulted in him being charged with the possession and distribution of child pornography. At trial, he pleaded guilty to possession of child pornography and the distribution charge was withdrawn by the Crown. His lawyer at trial asked the judge not to send Mr. Jones to jail. But the trial judge sent Rory to jail for nine months. Rory stood to lose his job, house, and family. His wife came to me for help. She wanted him out of jail. We launched an appeal in the Ontario Court of Appeal. Mr. Jones' appeal was granted. His jail sentence was overturned and he was allowed to serve his sentence in the community. Mr. Jones was able to keep his job, his house and his family.
R. v. M. N.
Mack Norton was charged with sexually assaulting his small niece. He steadfastly maintained his innocence and claimed that the child had been manipulated by a vengeful adult relative. At trial, the Crown sought to introduce a videotaped interview of the little girl as evidence. We were successful in having the videotape excluded. The Crown had to proceed without any evidence from the niece.
R. v. S. W.C.
Shawn Wayne Cox was a 12 year-old boy charged with sexual assault for having allegedly squeezed the breast of a female classmate. Due to the Crown's negligence in the preparation of the case, Shawn attended court on fifteen separate occasions and it was over 16 months before his matter reached trial. At trial, we brought an application to have the charge thrown out due to unreasonable delay. The trial judge agreed. The case was thrown out.
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Read what clients involved in this kind of case have to say about Tushar K. Pain:
Jerry Manners, Toronto
W.Z., Toronto
D.H., Oshawa
Requested No Name, Toronto
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You're Invited to Call or E-mail
If you've been charged with a crime - or think you might be charged in the future - you're invited to call me. I'll answer your questions and explain how you can protect your legal rights. I will gladly talk with you on the telephone or in my office. You're invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.
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Tushar K. Pain, Toronto Criminal Defence Lawyer
393 University Avenue ~ Suite 2000 ~ Toronto, Ontario, M5G 1E6
tel: 416.410.4838 fax: 416.410.5532 email: tkpain@torontocriminaldefence.com
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DISCLAIMER: The information contained on this site is of a general nature and is not intended to be construed as legal advice. If you have a legal problem, you should seek proper legal advice from a lawyer.
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