“Defence of Others” Raised In Fatal Hit And Run Case After a number of court appearances there has been a major development in the case involving a man who claims he ran over someone to save a woman’s life. On June 7, 2017, Anthony Kiss made a decision while behind the wheel of his vehicle, that left one person dead, and another woman praising his actions as she believed she was about to be stabbed to death. Mr. Kiss was at a red light in the area of Black Creek Drive and Eglinton Avenue West, when he and his girlfriend noticed a man, Dario Romero, had pulled a knife on Alicia Aquino, at a bus stop and began to try and stab her. Mr. Romero ran after Ms. Aquino onto the roadway. At that moment Mr. Kiss drove forward and struck Romero with his vehicle. Mr. Kiss fled the scene and made his way back to his home in Wasaga Beach until police pulled him over on the highway near Barrie and brought him in custody. Romero was killed after being struck by the vehicle and Kiss was charged with manslaughter, impaired operation of a motor vehicle causing death, over 80mgs operation of a motor vehicle causing death and failure to stop at the scene of an accident causing death. More recently, on Tuesday November 14th, the Crown withdrew the manslaughter charge against Kiss which carried the possibility of life in prison as a penalty. The lawyer for Mr. Kiss outlined that the Crown will be laying new, but less serious charges in relation to the incident. The new charges include the impaired and over 80 offences with the “causing death” element removed and an additional charge of dangerous driving. This case highlights the issue of criminal responsibility in the context of defending another person. The defences of self-defence and defence of others are contained in the Criminal Code under section 34. That section outlines the following: A person is not guilty of an offence if (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person; (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and (c) the act committed is reasonable in the circumstances. Section 34 (2) of the Criminal Code outlines a number of factors the court can consider to determine whether the actions of the accused are reasonable in the circumstances. These include the extent to which the use of force was imminent, whether there were other means available to the accused to respond to the potential use of force and whether any party to the incident used or threatened to use a weapon. To put it simply, if someone commits an offence (IE. assault) in self-defence or in defence of another, they will not be guilty of the offence if a court determines their actions were reasonable in the circumstances. In the Kiss case, it appears his claim that he was “defending another” had some legitimacy and likely influenced the decision of the Crown to withdraw the more serious charges. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers or contact David Schell directly at 416-446-5096. For all other legal services and inquiries, please visit our website or call us directly at 416-449-1400. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawNovember 23, 2017June 17, 2020
Mitchell Irwin Sentenced to 4 years Behind Bars, 6 year Driving Ban By: Nicolas Di Nardo Yesterday’s blog outlined the incident that occurred on June 13, 2015, when Mitchell Irwin sped through an intersection, hit a cyclist and left the scene. The cyclist later passed away due to major head trauma. Mentioned in the previous blog were the statement of facts, along with the charges laid in the initial arrest: Criminal negligence causing death (sec. 220) Failing to remain (sec. 252) Violating bail conditions, which includes: Communicating with two friends who were in the car at the time Consuming alcohol Irwin was sentenced yesterday for above hit-and-run. He was sentenced to: 4 years in prison 6 year driving ban (following his prison sentence) This was given out on Monday after pleading guilty last Friday to dangerous driving causing the death of Adam Excell, and failing to remain at the scene and breaching his bail conditions. Excell’s family still does not believe that justice was served after hearing the sentence. They believe that “if you take someone’s life while driving, you shouldn’t be able to drive…you shouldn’t have that privilege.” If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 25, 2017June 22, 2020
Driver Charged in Attack of 74 year-old Cyclist in Peterborough By: Nicolas Di Nardo A video that surfaced (WARNING: Graphic Content) on the internet of an incident that occurred last Tuesday around 11 a.m., has led to a man being charged for aggravated assault and assault with a weapon. The man in question, David Fox, 65, is shown in the graphic video beating a man with a club while kneeling over top of him on the side of the road. Police have said that an argument had taken place between the 74 year old cyclist and the truck driver prior to the attack. Fox’s only defence in the video when confronted was that he “tried to walk away.” Later on it was reported that Fox had fled with scene in his truck. Luckily for the cyclist, the woman recording was able to get a clear shot of the attacker, the truck’s make, model, and license plate, not to mention also capturing part of the attack. She unfortunately was unable to record the beginning of the confrontation that led to the attack. A number of bystanders cam to the aid of the cyclist when they realized what was going on, and attempted to contain the driver until police arrived, but were unsuccessful. An hour later, Police arrested David Fox, while the cyclist was transported to the hospital, and was treated and released. David Fox is scheduled to appear in court on August 24th, and was released from custody. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 25, 2017June 22, 2020
Driver of Vehicle that Killed Cyclist in 2015 to be Sentenced By: Nicolas Di Nardo Back in June 2015, Mitchell Irwin, now 21, struck a cyclist, Adam Excell, 26, while he was biking at night. Now two years later, Irwin owned up to his actions and pled guilty to dangerous driving causing death on Friday. At the time of the accident that took place in the area of Yorkville, Irwin was 19. The statement of facts which was agreed upon, outlines the night of the incident: 11:20 p.m.: Excell was making a left turn onto Davenport during an amber light, after oncoming traffic had stopped Irwin was weaving through vehicles, sped into the intersection and hit Excell According to a collision reconstruction report, Irwin was going 87 km/h in a 50 km/h zone Excell was thrown a significant distance, suffered major head trauma and passed away at the hospital Irwin then continue to drive home after the collision to Keswick, Ontario The next day Irwin surrendered to police The initial arrest charged Irwin in accordance with the Criminal Code: Criminal negligence causing death (sec. 220) Failing to remain (sec. 252) Violating bail conditions, which includes: Communicating with two friends who were in the car at the time Consuming alcohol After the court appearance on Friday, Excell’s family made a point to discuss dangerous driving in many of their statements to the media, and how the actions of these drivers can seriously damage the lives of the victim’s family members. It impacts you differently when you hear about it on the news, versus when it ends up being one of your own. Even though you hear about cyclists in the news quite frequently (unfortunately), when it is a family member, it becomes personal. The case resumes this morning and Mitchell is expected to be sentenced. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 24, 2017June 22, 2020