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section 490.2(3)
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490.2(3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if (a) an information has been laid alleging the commission of the offence by the accused, (b) a warrant for the arrest of the accused has been issued in relation to that information, and (c) reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued, and the accused is deemed to have so absconded on the last day of that six month period.

sexual-assault-reducedIt is unfortunately, no unusual for a complainant with a mental illness to imagine assaults that never occurred. The problem with such witnesses, is that they honestly believe their memories to be true, but in reality, they are not. In this case, the complainant has imagined - in a drug induced stupor - that she had been raped. During cross-examination by Paul Lewandowski, she admitted that she couldn't tell fiction from fantasy. The sexual assault charge was reduced to a simple assault. The client was given a conditional discharge, and was spared a criminal record.

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