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Manitoba Department of Justice | Prosecutions | The Criminal Case: Step by Step This link gives you all the stages in the criminal process beginning at the investigation, prelim, .. appealing a verdict (missing voir dire though). Also, when Charter infringing conduct is found, the applicant may apply for evidence to be excluded under s24(2): (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. The Court uses the test as set out in R. v. Grant (2009): (1) seriousness of the Charter-infringing state conduct (admission may send the message the justice system condones serious state misconduct), (2) the impact of the breach on the Charter-protected interests of the accused (admission may send the message that individual rights count for little), and (3) society's interest in the adjudication of the case on its merits. However, in some cases, even if the conduct is Charter infringing it does not necessarily mean the evidence will be automatically deemed inadmissible as "bringing the administration of justice into disrepute" may sometimes mean that not allowing the evidence would bring it into disrepute with the public. This is essentially a judgement call on the part of the judge who will consider: A) whether the breach was inadvertent or minor or a result of willful or reckless or deliberate disregard for the Charter? B) if the police were acting in good faith C) extenuating circumstances Disclaimer: take my reply for what it is worth as a qualified lawyer should have a way better understanding than me. I'm just a few classes shy of getting my BA in two majors, one of which happens to be in criminology and this is to the best of my understanding. |
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no one wins in these sort of cases what was insightful was mrs batalia's (the mother) comments today, noting how she was concerned for the victims' families.....from what i have read she and gary dhaliwal's mother used to hang and even travel together on shopping trips.... even if not true, what she insinuated is right: that the parents of the accused must be totally heartbroken too: to think that their kid actually was responsible for taking another's life...and that they'll be going to jail for 10-20 yrs ...and their hopes and dreams are never to be the same again....the loss and sadness that they must carry too. despite a 'just' verdict being delivered, no one truly wins in these sort of horrible cases...sad all around. |
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Good luck on the exam. |
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i'd referenced in an earlier post about how maple's mom is also worried about the accused and his parents...seems the mothers were best friends...and she said gary was a ''good guy'' ...brief but sad interview...shows how some murder cases are very gray in tone, not so easily setup as blk and white with clear villains...again no one wins in these sorts of tragedies...obviously the guy went down the wrong road and did something out of character; and now many families will be torn apart because of it. Global BC | Maple Batalia |
The guy is a coke head and was high when he did it. Has a rich family too from what I remember someone telling me. He's a fucking loser Posted via RS Mobile |
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did you watch the video at all? we all are so quick (and i'm usually one of them) to jump the gun and bring out the torches to 'hang 'em high' on murderers, or hit and run drunk drivers etc.... instead i'm using this story to just show the real tragedy behind it all, too, in things not being black and white (edited: at least in the mom's point of view...but who knows) ....where and why did this gary ex boyfriend go off the rails and down the wrong road (even mrs batalia hinted at this, which is why her daughter maple broke off relations with him). it's not like he was always this way, she contends, yet he really blew it in the end...it's that part to me which feels this is a double tragedy eg, a person who was thought by some to be a good person but then went on to make a hugely wrong and immoral choice on so many levels, affecting so many people, shattering so many dreams and hopes. was it turning down the road of drugs (which are rumoured) that did it, along with a controlling personality? guess we'll find out as the case proceeds. the tragedy is also with gary's parents, who, no doubt will feel they've failed in some major way...can you imagine the agony thinking your kid was behind a murder? how THAT would rip out your friggin' heart, that you really ''blew it'' as a parent? Quote:
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^ you act like you knew him personally. My little cousin went to the same high school as this kid, they were a year a part. I spoke to my cousin at length about this kid and he said that everyone that knew him, knew that he was capable of doing something like this and was known as a fucked up kid. He was a trouble maker and apparently not out of character to comitt this sort of crime. Posted via RS Mobile |
no i didn't know him...guess i was just touched by the mom's portrayal in the video (and to be honest am thinking alot of all the parents on both sides...must be agony) simply am going by mrs batalia's video and quote. and what you mention might be valid, as gary may have had a dark side that maple's mom never knew (often parents will ''like someone'' but not know the darker sides either...hell most of us, even if we're pricks, feel a duty to be ''nice'' to most moms and show a decent side). so it's good to always get more sides of a person's character. guess more will unravel as things progress. cases like these, where things aren't black and white as per conflicting assessments of a person's character, and who then goes on to do a horrible act, are fascinating. Quote:
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