The Jian Ghomeshi saga

[crazy canuck]

Jacob - not quite - you can have a small to medium sized firm that is still full service.  The law firm I worked for in northern Alberta was like that - one stop legal shopping for all your small town legal needs.

Ah, I see. It's about the area of practice, not the size of the firm. Thanks for the correction.

[CountDeMoney]

I think I would rather quit the profession then have to be posed like that.

I don't think you'd enjoy life as a criminal defence lawyer.  There is no more eccentric section of the bar.

I dunno, the ones I've known have seemed pretty happy, what doing all the coke and interns they want.

[Malthus]

Article on the similar fact evidence issue.

http://www.theglobeandmail.com/news/national/ghomeshi-charges-bring-similar-fact-argument-to-fore/article21823990/

[viper37]

The French speaking girl is damn hot!

The one in glasses?

Umm, she's fine, and I don't subscribe to "internet standards", but "damn hot" isn't the phrase I would have chosen...

http://www.hhllp.ca/lawyers/toronto-criminal-defence-lawyer-danielle-robitaille.html

she has french sounding name, though that doesn't mean much.  Singer Damien Robitaille is an anglophone afaik.

[viper37]

Scroll right you moran. 

Ethnic chick is nice too.

I can't believe I've spent so much time looking at the web page for some Ontario defence firm.

The one on the right is cute, but not french as far as I can tell.  It's the chick in glasses who is from Quebec.

there are francos outside of Quebec.  She's from Ottawa.

[Josephus]

Article on the similar fact evidence issue.

http://www.theglobeandmail.com/news/national/ghomeshi-charges-bring-similar-fact-argument-to-fore/article21823990/

I could have written that and you guys could have been my 'legal sources'.

[Malthus]

Article on the similar fact evidence issue.

http://www.theglobeandmail.com/news/national/ghomeshi-charges-bring-similar-fact-argument-to-fore/article21823990/

I could have written that and you guys could have been my 'legal sources'.

Your article would have been better. 

[Admiral Yi]

So which chick were you talking up Veep?

[Josephus]

Article on the similar fact evidence issue.

http://www.theglobeandmail.com/news/national/ghomeshi-charges-bring-similar-fact-argument-to-fore/article21823990/

I could have written that and you guys could have been my 'legal sources'.

Your article would have been better. 

SIMILAR FACT EVIDENCE MAY DETERMINE GHOMESHI'S FAITH

By JOSEPHUS
Languish Special, TORONTO__

Now that Jian Gomeshi has his all-star dream team defending him, the question is whether the allegations of violent sexual assaults can be considered as a whole or only on an individual basis.

The Languish turned to its legal experts to weigh in.

"It strikes me as a classic "similar fact evidence" case," Malthus, a Toronto-based lawyer said.  "That is, typically evidence of other misdeeds is excluded from consideration, but not if it passes the "similar fact evidence" test. Basically, the "probative value" of the evidence must outweigh the "prejudicial value" of introducing evidence of bad character."

Can four-or five separate but similar complaints be entered into evidence as corroborating evidence?

"It's complicated," said Barrister Boy, the aptly named prosecutor currently plying his trade in Alberta, said.

"Each allegation is supposed to be judged on its own merits, and juries are specifically warned that even though they might find someone guilty of one count, it doesn't mean that it makes me more likely that he committed the others."

BB concurred with Malthus's point about 'similar fact evidence.'

"If the Crown can show that the other allegations are specifically unique and distinctive to Ghomeshi, then they can go in as evidence that he committed the other offences," he said, as he balanced his youngest kid on his knee.

"THe classic "similar fact evidence" case was the "brides in the bath" case, R. v. Smith - where a guy was charged with murdering his recently-married wife (she drowned in the bath)," Malthus said. "As it turns out, he'd been married a few times before - and each of his wives drowned in the bath, too. The issue was whether these previous deaths could be entered into evidence to show he likely killed them all - and it was, on the "it is beeling obvious that this ain't no coincidence" principle, basically.  The similarity here is - for brides dying in baths, read Jim assaulting women without consent. If the evidence of all his charges are allowed in, is it "probative" in that it tends to demonstrate a criminal pattern?"

In layman's terms, BB explained" if the only similarity is that 'Ghomeshi is the kind of guy who likes to hit women' then that is only evidence of bad character, and would be excluded.  If however the prosecution can show a fairly unique pattern - perhaps of grooming, wining and dining, then turning a teddy bear away and striking without warning, that could possibly constitute similar fact evidence."

The Languish will continue following the story, or forget about it once something else comes up.

[viper37]

So which chick were you talking up Veep?

the one to the right of the picture.  No glasses.

[crazy canuck]

Three new charges laid today.

http://www.theglobeandmail.com/news/national/jian-ghomeshi-appears-in-toronto-court/article22360096/

[jimmy olsen]

Trial is set to begin. These things take way to long today.

http://www.theguardian.com/world/2016/jan/31/jian-ghomeshi-cbc-radio-host-sexual-assault-trial-toronto-canada

[Malthus]

Trial is set to begin. These things take way to long today.

http://www.theguardian.com/world/2016/jan/31/jian-ghomeshi-cbc-radio-host-sexual-assault-trial-toronto-canada

"Big Ears Teddy doesn't like this".

[Josephus]

Pays to get a good defence attorney. Trial not going so well for the crown so far after first accuser/witness more or less discredited.

[Barrister]

Pays to get a good defence attorney. Trial not going so well for the crown so far after first accuser/witness more or less discredited.

I'm sure she's good, but nothing I've read suggests her doing anything but Defence lawyering 101-style cross-examination.  I don't think it harmed the witness much.