Tuesday, March 19, 2013

Facebook used to demolish prejudice claim on 11(b) application

R v Nowak 2013 ONCJ 52 shows a creative Crown using Facebook to demolish a claim of prejudice arising from trial delay. The Court notes:

Of note, Mr. Nowak stated that he received "top marks" in one course. Further, the cross-examination by the prosecutor, aided by numerous photos from Facebook suggests that Mr. Nowak was able to socialize quite well with fellow students, notwithstanding his stress and anxiety, and that he did consume alcohol.

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