< <
section 810.01(4.1)
> >

810.01(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant (a) to participate in a treatment program; (b) to wear an electronic monitoring device, if the Attorney General makes the request; (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the judge; (d) to return to and remain at their place of residence at specified times; or (e) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

extra-judicial-punishment-on-sentencingIn cases where police misconduct is present, but may not be sufficient to support of stay of proceedings remedy, there are other legal avenues that may be pursued. In this particular case, the concept of "extra-judicial punishment" was used to soften the sentence. In essence, the fact that the client suffered an excessive beating at the hands of the police mitigates the sentence, since punishment has already been imposed.
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.

(C) Copyright 2018 - Site maintained by https://www.paullewandowski.com