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EXTRA JUDICIAL PUNISHMENT USED TO SOFTEN SENTENCE

The goal on sentence is damage control, and in this vein, Mr. Lewandowski will thoroughly review your file. Where available, he is able to use weaknesses in the Crown case to mitigate sentence. As an example, clients often present with injuries sustained during arrest. Most of these cases do not rise to the level of excessive force needed to obtain an outright stay of proceedings. Regardless, the fact of a rough arrest can still be useful in a sentencing forum. In this case, the accused was arrested for public intoxication. The client sustained injuries during the arrest that required nine stitches. While much of the damage was arguably, inflicted due to the clients belligerent behavior, it did not change the fact that the client did suffer injuries during his arrest. Thus, on a sentencing hearing, without accusing the police of excessive force, Mr. Lewandowski cited the argument of extrajudicial punishment. That is, the client, in sustaining the injuries, had already been penalized to some degree. In this case, the Crown requested a sentence of 90 days; the Judge agreed with Mr. Lewandowskis submissions and imposed 8 further days.

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CONTACT INFORMATION


Paul Lewandowski Professional Corporation
200 Elgin St,
Ottawa, Ontario, Canada,
K2P 1L5

613-565-4155