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In Prosecuting and Defending Sexual Offence Cases, 3rd Edition, Justice Jill Witkin (Ontario Court of Justice) and defence lawyer Daniel Brown offer a current and comprehensive examination of the legal processes involved in litigating sexual offences. This bestseller is designed to help practitioners focus on the procedural, evidentiary, and strategic elements unique to sexual offence cases. These elements include publication bans, search issues, children’s evidence, expert evidence, cross-examination on private records, sentencing, and more.Â
The third edition contains a new chapter on sexual offence appeals, addressing commonly raised issues and landmark cases from the Supreme Court of Canada, such as R v JJ. Additionally, this guide includes new discussion of Bill S-12 and reflects recent changes in Bill C-75 pertaining to preliminary hearings and in Bill C-51 pertaining to third party records, sexual history, and consent. Â
Analysis of case law and relevant Criminal Code provisions are integrated throughout to effectively guide readers through the flow of a sexual offence case, from arrest to appeal.
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A new chapter dedicated to the practice and procedure for sexual offence appeals, including discussion of indictable appeals, summary conviction appeals, bail, common grounds, complainant rights, fresh evidence, and Crown appeals.
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Expanded discussion of evidentiary issues on the developing law on rape myths and stereotypical reasoning.
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Extensive updates pertaining to new legislation, including the Bill C-51 and Bill C-75 amendments to the Criminal Code.
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Insights from criminal law experts: Cecilia Hageman, Meaghan Cunningham, and Colleen McKeown.
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Comprehensive guidance on prosecuting and defending historical sexual offence allegations.
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Expanded discussion on evidentiary issues, including a section dealing with “myths and stereotypes” in relation to the complainant and the accused.
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Key commentary, from both Crown and defence, on advocacy and trial strategy.
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A Foreword by Marie Henein.
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Practical checklists, tables, and sample consent form.