by William Jaksa | Jul 5, 2022 | Sentencing
What is an absolute discharge? Absolute discharges are a finding of guilt by a Judge, but no subsequent criminal conviction or criminal record. There is no punishment imposed by the court for absolute discharges. When a judge grants an absolute discharge the accused...
by William Jaksa | Mar 3, 2022 | Property Offences, Robbery Defence Lawyer
Breaking and entering is a fairly common criminal offence that is taken very seriously by the courts in Canada and has a maximum sentence of imprisonment for life. This article will briefly examine elements the offence of Break and Enter, Home Invasion Robbery and...
by William Jaksa | Nov 6, 2020 | Alternate Sentencing, COVID-19
In the prison system, jails have the potential to be a petri dish in a pandemic. Conditions make rapid and widespread transmission in, and out of, penal institutions a significant concern. How are Ontario’s prisons adapting to these concerns during COVID-19? Lockdown...
by William Jaksa | Apr 13, 2020 | Court Procedures, Sentencing, Toronto Criminal Lawyer
A Gardiner Hearing is when evidence is called during sentencing after an accused person has entered a guilty plea to outstanding charges, or in very rare instances has been found guilty after a trial. During a Gardiner Hearing evidence is presented to the Judge on...
by William Jaksa | Dec 2, 2019 | Sentencing, Toronto Criminal Lawyer
In Canada, sentencing is not an exact process, it is fact-driven and highly individualized. Sentencing is not a strictly codified and regimented process with pre-determined set punishments. In short, sentencing can be considered more of an Art rather than a Science....