Pannu Lawyers’ Post

🚨 NEW REPORT: 'The Legal Dragnet - Joint Enterprise Law & Its Implications' by Nisha Waller, Centre for Crime and Justice Studies 🚨    The report highlights a case from Manchester in 2017 that our Keir Monteith KC is appealing to the Criminal Cases Review Commission, where Black and mixed-race teenagers were sentenced to a total of 168 years for one murder under the law of #JointEnterprise. Keir represents Nathanial Williams, Durell Goodall and Reano Walters. See coverage in The Guardian🔽 https://lnkd.in/eug2RbP3 The report highlights the risks posed by the current ambiguous law and prosecution practice concerning secondary liability, often referred to as 'joint enterprise' and makes a case for creating a safer framework for prosecution. Read the report here 🔽 https://lnkd.in/eUTMD_Qm  

Jury Unanimously Acquits Client in Historic Abuse Case At Lawtons, we recently achieved a significant victory in a challenging case of historical sexual abuse allegations. Our meticulous defence strategy led to an outstanding outcome: Unwavering support: Paul Dillon provided support to our client from the initial police station interview and throughout the investigation over a period of years. In-depth analysis: We thoroughly examined decades of family relationships and events to build a robust defence. Desired outcome: The jury deliberated for less than an hour before unanimously acquitting our client of all charges. This case underscores the importance of expert legal representation and thorough preparation in serious matters. Need strategic legal representation? Contact Lawtons. #LegalDefence #CriminalLaw #LegalStrategy #ClientSuccess https://lnkd.in/efzkbKaJ

A little bit delayed but I want to share a recent great outcome in one of my ongoing prison cases, where an inmate was held for months past his release date, and unlawfully denied earned time credit, based on a (now acknowledged) implausible interpretation of the law. This was an emotional case because I met Mr. Samson while he was an inmate insistent that his rights were being violated. Mr. Samson is what we would call a "jailhouse lawyer," extremely sharp and focused. We hustled together, and in an extremely rare instance, we won our habeas corpus action and a judge ordered his immediate release. The State appealed and lost. He (with my old boss Jon Weiner) then filed a 1983 claim for damages, but the State claimed its various officers had qualified immunity and/or apparent authority immunity (the latter being even MORE expansive, covering even plausible, not necessarily reasonable, misinterpretations of the law). Both Jon Weiner and I fought back through extensive cross-motions, and complex debates. Ultimately, Judge Nelson issued this largely favorable opinion, and not long after, "the matter resolved": "[D]efendants seem to acknowledge that the statute applies only to sentences imposed for specific convictions because they do not believe it applies after that sentence ends, but then illogically conclude that the statute still applies to sentences, not covered by the statute, that are served concurrently with a covered sentence. * * * Because defendants' interpretation of ORS § 137.635 was not a plausible construction of the statute, they were not acting under apparent authority and are not entitled to immunity." https://lnkd.in/g-ZZTBpq

An individual has the option to request a higher court to review the case and determine if any errors occurred during the appeals process, in the hope of persuading the court to reverse its decision or order a new trial. ✨✨Criminal appeals fall into two categories. 🛑 Appeals Against Conviction Any individual convicted of a criminal offence has the right to appeal their conviction. Depending on the level of court where the trial took place and the prosecution's actions, you have the right to appeal to the Alberta Court of Queen's Bench or the Alberta Court of Appeal 🛑 Sentence Appeals If you are content with your conviction or have pleaded guilty to an offence but are dissatisfied with the imposed sentence, you can simply appeal your sentence. ⚖️👩🏽⚖️ Adlai Law can advocate for you in appealing any criminal offence to have your conviction or severe sentence overturned. Our mission is to advocate for justice, uphold the rule of law, and safeguard the rights and interests of our clients and the public while treating all individuals with respect, integrity, and compassion. Contact us today ☎️ (519) 259-1447 ✉️ info@adlailaw.ca 🌐 www.adlailaw.ca #LegalAdvocate #CriminalDefense #YourRightsMatter #criminalcharges #criminallawyer #hirecriminallawyer #fightback #findacriminallawyer #torontocriminallawyer #blackcriminallawyer #Shelburnecriminallawyer #lawoffice #dufferincountylawyer #fightcharges #civillitigation #criminallaw #slipandfall #accident #adlailaw #personalinjurylawyer #personalinjurylaw #personalinjurylawfirm #PersonalInjury #familylaw #familylawyer #childcustody

Yesterday the United States Sentencing Commission voted unanimously to finally limit the use of “acquitted conduct” in the sentencing phase of federal criminal cases. I co-authored an article back in 2016, along with my then-Sidley Austin LLP colleagues, Dave Rody and Mark Taticchi, where we discussed the absurdity of this all too common practice. Dave, Mark and I had seen firsthand how “acquitted conduct” sentencing had impacted a client we had represented at trial where the jury acquitted on the most serious charges only to have the district judge enhance his sentence (by years) based on the judge’s finding at sentencing that our client had in fact engaged in the very conduct the jury had just acquitted him on. It was ridiculous and fundamentally unfair. As we explained in the article, the basic reasoning that historically supported acquitted conduct sentencing went something like this: “When a jury votes to acquit, that acquittal is not (strictly speaking) a finding of innocence, rather, all an acquittal means is that the government failed to prove a defendant’s guilt beyond a reasonable doubt. At sentencing [when the defendant is convicted on some but not all the charges], the court can increase a defendant’s sentence on the basis of any ‘relevant conduct’ the court finds the defendant committed. In making such determinations, the court applies a lower standard of proof—‘preponderance of the evidence’—than the ‘beyond a reasonable doubt’ standard that the jury must use in reaching its verdict. So, in sum, if a judge believes the government proved its accusations by a preponderance of the evidence—even though it failed to persuade a jury of those same accusations beyond a reasonable doubt—the defendant’s sentence can be increased (and dramatically so) based on the judge’s finding alone.” Criminal Law Reporter, 98 CrL 626 (March 30, 2016). While the revised sentencing guidelines will still permit judges to consider “acquitted conduct” in certain limited cases, this long overdue change by the U.S. Sentencing Commission is a great development and will make a meaningful difference in many federal criminal cases that go trial, not to mention it will restore the critical role of the jury in federal criminal cases. Link to the old article for those interested in this practice and some examples of the absurd outcomes. https://lnkd.in/eRR2XwZi

The backlog of cases in the criminal courts continues to grow. At the same time, there appears to be a shrinking pool of advocates, in particular barristers, available to prosecute and defend cases. In relation to some of the more specialised work, in particular alleged sexual offending, the pool is shrinking at an even greater rate, with advocates citing poor pay and conditions and “burnout” due to the emotional impact of such sensitive and, at times, harrowing cases.. https://lnkd.in/eqNG2BCx

I had some wins recently. Wins sometimes look differently in criminal litigation. It doesn't always mean charges dropped/withdrawn or matter stayed or dismissed. One recently, involved open sentencing (meaning no joint position by Crown and Defence). Crown asking for 90 days. I argued - I will leave it up to the Court to decide (sometimes this is a good position for Defence to take when your client is in a position to receive a lower range of sentencing options - this depends though on a number of factors and Defence should always go in with a proposed range in any event). Client charged with assault in an institutional setting, and was punished internally. Client had Gladue factors (child sexual abuse, witness to violence throughout their lives, substance and other factors). Client is also in custody on other matters - so already had significant pre-trial custody, and with a criminal record for past convictions. Client was sentenced to suspended sentence with one day, and then some ancillary orders.

"Refusal to marry in a relationship does not amount to criminal liability for abetment of suicide: Supreme Court." The Supreme Court ruled that refusing to marry does not constitute abetment of suicide under Section 306 IPC unless there is clear evidence of mens rea and a direct or active act of instigation. The Court emphasized that abetment involves an intentional act of provocation or assistance, which was not present in this case. The deceased had consumed poison after the accused declined her proposal, but the Court found no evidence of instigation or provocation. It was noted that she had purchased the poison beforehand, indicating a premeditated decision. The alleged promise to marry, even if true, was deemed a breach of relationship, not abetment of suicide. Thus, the High Court's conviction was overturned, and the accused was acquitted, as there was no evidence of a positive act or intent to incite suicide. ##SupremeCourt #Lawyer #Advocate #CourtDecision #LegalInsights #AccessToJustice #Law ##KeralaHighCourt

Why do civil sexual assault claims matter? In a perfect world, no sexual assault would go unpunished by the criminal justice system. But because criminal courts require guilt to be proven beyond a reasonable doubt, it's often impossible to get justice in this form. This leaves survivors of assault with another option: A civil case. Pursuing civil cases empowers the survivor, showing that they have the power to demand accountability from the abuser. Depending on the situation, the outcome of these cases can have significant financial ramifications for the assaulter, helping survivors attain some justice. In turn, this adds a sense of closure for the survivor, helping them begin the healing process in earnest. If you're ready to sit down and discuss the possibility of pursuing a civil case against an assaulter or abuser, I'm available for a consultation. Get in touch today to learn more. 💼 🔗 www.lklaw.ca -----------------------⁠ LK Law specializes in:⁠ 📈 Business Law |⁠ 🧰 Employment & Labour⁠ 🏥 Personal Injury |⁠ 🏠 Real Estate ⁠ 💰 Financial Services |⁠ 💼 General Litigation⁠ ⁠📃 Estate Planning & Litigation |⁠ 🖤 Family Law⁠ #permindertunglawyer #lklaw #lklawestatecampaign #estateplanninglawyer #estatelawyer #estatelaw #canadianlawyer #vancouverlawyer

Indirect Criminal Contempt Charges For Violating Protection From Abuse Orders A recent news article from Hornellsville, New York, concerned a 62-year-old man from Monaca, Pennsylvania, arrested and held in jail on charges of criminal contempt of court for violating a protection from abuse order (PFA) for having intentional physical contact with the plaintiff.  Criminal contempt of court is a serious charge in any state, and contacting the plaintiff, even by honest mistake, is still a violation of a court ordered PFA. If you or a loved one are involved in a Pennsylvania Protection From Abuse proceeding, the LLF Law Firm Family Law Team can help you protect all your rights under the law. Call the offices today. Indirect Criminal Contempt of Court in Pennsylvania Pennsylvania's Protection from Abuse Act is designed to protect a person who has suffered abuse from a partner or spouse. A violation of a PFA order in Pennsylvania carries a charge of “indirect criminal contempt of court”. This is not a typical criminal charge. The defendant can be arrested and placed in jail, but the charges are presented to the court judge, who issues the PFA order. The hearing is before the judge instead of through the usual criminal procedure process, which can involve plea bargaining or a trial by jury. A defendant is permitted representation by an attorney at the hearing. Consequences for Violations of PFA Orders A finding of indirect criminal contempt of court does carry serious... https://lnkd.in/ef8vxfAF