September 8 Toronto The unnamed […]

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1981-09-08

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September 8 Toronto The unnamed co-accused of Charles Diamond pleaded guilty to gross indecency, even though both men had been acquitted of the lesser charge of committing an indecent act in December 1980. They had been arrested during a police sweep of David Balfour Park on August 25, 1980. Diamond was determined to fight the police tactic of laying two charges, aimed at forcing defendants to plead guilty to one charge in return for having the other withdrawn. Diamond appeared in court January 25, 1982, charged with gross indecency. Defending himself, Diamond raised the issue of double jeopardy (prosecuting twice for one alleged offence). County Court Judge W.F.B. Rogers agreed that it was a case of double jeopardy, and dismissed the charge.

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David Balfour Park Toronto

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W.F.B. Rogers Charlie Diamond

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"Man Vows Fight on Charge," Body Politic, no. 77 (1981), p. 13.B.L. (Bill Loos), "Double Jeopardy Disallowed," Body Politic, no. 81 (1982), p. 18 Charlie Diamond, "Lawyers' Victims" (letter), Body Politic, no. 80 (1982), pp. 4–5

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Charlie Diamond

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