Not On Record Podcast

Possibly Correct Media

Criminal Defence Lawyer Joseph Neuberger and YouTube personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their case loads and what really goes on behind the scenes. A behind the scenes inside look into the real court room drama.

  1. EP#199 | From Guilty to Mistrial: The Power of Real Evidence in Court

    FEB 9

    EP#199 | From Guilty to Mistrial: The Power of Real Evidence in Court

    In this episode of Not On Record, we dig into a real-world nightmare scenario: a sexual assault conviction based largely on credibility, followed by a late-stage application to reopen the trial because video evidence exists that directly undermines the accepted narrative. We break down how “fresh evidence” works before sentencing, why judges can still have jurisdiction to reopen proceedings, and why **real-time evidence** (video, audio, messages) can outweigh after-the-fact memory claims and assumptions about what someone “would never” do. We also tackle a developing legal battleground: does a surreptitious recording change the nature of consent (sexual assault by fraud), or is it better addressed through voyeurism and related offences? Along the way, we connect the dots between the screening regime for private records, the Palmer fresh evidence framework, and the Supreme Court’s evolving approach to “conditions” around sexual activity including the ongoing fallout from Kirkpatrick / Hutchinson. Watch the related Supreme Court hearing (scheduled):Jordan Bilinski v. His Majesty the King (Alberta), SCC file 42030, set for February 9, 2026 at 9:30 a.m. (publication ban noted). Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com

    35 min
  2. EP#197 | Why “Lenient Sentences” Aren’t What You Think

    JAN 26

    EP#197 | Why “Lenient Sentences” Aren’t What You Think

    Sponsored by EasyDNS https://easydns.com/NotOnRecord Tonight, the crew breaks down **what sentencing actually is** (and when it happens), and why what looks “lenient” to the public can be the result of a very structured legal framework. They walk through the sentencing process after a **guilty plea vs. after a trial**, explain what it means when the **“facts are read in”** (and why the judge’s “are these facts substantially true?” question can derail a plea), and outline how Crown and defence approach sentencing with **aggravating vs. mitigating factors**, character reference letters, restitution, counselling, and case law. From there, they unpack **s.718 of the Criminal Code**: the purpose of sentencing, the six objectives (denunciation, deterrence, separation, rehabilitation, reparation, and restoration), and the **overriding principle of proportionality,** plus the additional principles like parity, totality, restraint/least restrictive sanctions, and individualized outcomes. The episode closes with a practical look at **ancillary orders** (DNA, weapons prohibitions, no-contact terms, victim fine surcharge) and why sentencing is never a simple “you did this, you get that” formula. ## **Short description** Why do “lenient” sentences happen? This episode explains the sentencing process, the goals in s.718, proportionality, aggravating/mitigating factors, joint submissions, and the extra orders judges can add. ## **SEO meta description (concise)** A practical breakdown of Canadian criminal sentencing: guilty plea vs trial, agreed facts, aggravating/mitigating factors, s.718 objectives, proportionality, parity/totality, joint submissions, and ancillary orders like DNA and prohibitions. ## **Hashtags** #CanadianLaw #CriminalLaw #Sentencing #CriminalCode #LegalPodcast #CourtProcess #Probation #Restitution #DefenceLawyer #CrownAttorney #JusticeSystem #LawAndOrder #TorontoLaw #NotOnRecord

    50 min
4.8
out of 5
26 Ratings

About

Criminal Defence Lawyer Joseph Neuberger and YouTube personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their case loads and what really goes on behind the scenes. A behind the scenes inside look into the real court room drama.

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