Who is Howard Borenstein?

Howard Borenstein has a minicounsel lawyer profile with 21 linked court cases from 2000 to 2005.

What courts has Howard Borenstein appeared in?

Howard Borenstein has appeared in Court of Appeal for Ontario, Ontario Divisional Court, Ontario College of Teachers, with most appearances at the Court of Appeal for Ontario.

How many cases has Howard Borenstein handled?

Howard Borenstein has 21 cases on record from 2000 to 2005.

What judges has Howard Borenstein appeared before?

Howard Borenstein has most frequently appeared before Justice David H. Doherty, Justice James C. MacPherson, Justice Robert J. Sharpe.

minicounsel

Criminal and Quasi-Criminal Law

Administrative Law

Employment and Labour Law

Other Tribunals

Howard Borenstein

appeals

OCA

Also known as: Howard J. Borenstein

Elevated to the Bench

cases · OCA, ODC, OCT

Trial

Motion

Costs

Appeal

Sentencing

21 total

Crown appeal allowed on held-out cocaine trafficking charge.

The Crown appealed a youth court acquittal on a charge of trafficking in a substance represented or held out to be cocaine.

The trial judge erred in holding that the Crown was required to prove that the substance was not in fact cocaine.

Applying the authorities on held-out substances, the court held that the actus reus is the sale of something represented to be a controlled substance, and that the actual identity of the substance is immaterial.

The evidence amply supported that the respondent held out the substance as cocaine.

The acquittal was set aside, a finding of guilt was entered, and a one-year probation disposition was imposed.