Sentences with phrase «appeal of their acquittal»

Four cases address victim surcharges in criminal cases, and the last is an appeal of the acquittal of a London, Ont.

And, of course, there are no American appeals of acquittals.

In its R v. S.B. decision, the Supreme Court stated only that it agreed with all of the reasons provided by Justice Green of the Newfoundland and Labrador Court of Appeal in granting an appeal of the acquittal of a husband accused of sexually assaulting his wife.

This past Saturday morning, Lord and Lady Macbeth (Ian Lake and Krystin Pellerin) appeared before the Supreme Court of Stratford in the Crown's appeal of their acquittal of the murder of King Duncan, on the basis that they were not criminally responsible «due to insanity driven by politics.»

Not exact matches

Still, despite what he feels is a weak case against him, he thinks the odds are he'll be found guilty, at least during this first trial; Japan, which has a more than 99 % conviction rate, is also one of a few countries that allows prosecutors to appeal an acquittal twice.

Not satisfied with his acquittal, the Attorney - General again filed a criminal appeal at the Court of Appeal against the judgement debt beneficiary, but still lost as the three - member panel of judges, namely, Justices Victor Ofoe (president), Lawrence Ladzagla Mensah and Francis Koappeal at the Court of Appeal against the judgement debt beneficiary, but still lost as the three - member panel of judges, namely, Justices Victor Ofoe (president), Lawrence Ladzagla Mensah and Francis KoAppeal against the judgement debt beneficiary, but still lost as the three - member panel of judges, namely, Justices Victor Ofoe (president), Lawrence Ladzagla Mensah and Francis Korbieh.

The state and Woyome have filed written submissions at the Court of Appeal for and against Woyome's acquittal.

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

We are sad that the AG continuously want to criminalize and punish Mr. Woyome even though all her actions in that regard in the courts have failed even with the outcome of her appeal against his acquittal by the criminal court.

The Appeal Court in Abuja, has reserved its judgment on the appeal filed by the Federal Government challenging the acquittal of Senate President, Dr. Bukola Saraki, by the Code of Conduct TribunalAppeal Court in Abuja, has reserved its judgment on the appeal filed by the Federal Government challenging the acquittal of Senate President, Dr. Bukola Saraki, by the Code of Conduct Tribunalappeal filed by the Federal Government challenging the acquittal of Senate President, Dr. Bukola Saraki, by the Code of Conduct Tribunal, CCT.

The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, through a private prosecuting counsel, Mr. Rotimi Jacobs (SAN), and a lawyer in the AGF office, had filed 11 grounds notice of appeal against the acquittal, describing the CCT's judgment as unreasonable.

Capua says she is still considering whether to appeal the part of the sentence concerning Intervet so as to get a full acquittal.

As one of the essayists astutely points out, he even smuggles in reference to Dutch geometric abstraction in the primary colors of the workstation.4 That one prominent art critic's review frames Marshall's retrospective as «not an appeal for progress in race relations but a ratification of advances already made» is somewhat bewildering in the face of this opening gambit.5 After all, both of these paintings date from the year after the 1992 acquittal of Los Angeles police officers in the beating of Rodney King and the ensuing waves of unrest.

A previous trial had ended in acquittals all around, largely because of missteps by investigators and prosecutors, but an appeals court sent the case back for retrial.

However, through s. 676 (1)(a) of the Criminal Code, Parliament limits Crown appeals against acquittals in proceedings by indictment to «question [s] of law alone.»

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The Crown appealed the acquittal under s. 676 (1)(a) of the Code.

He was acquitted of two counts of counselling to commit murder in 2014, the acquittal was upheld before the Ontario Court of Appeal and the Supreme Court of Canada denied the Crown's application for leave to appeal inAppeal and the Supreme Court of Canada denied the Crown's application for leave to appeal inappeal in 2016.

He had also achieved great amounts of success that included securing an acquittal at trial for a client charged with possessing a controlled substance, obtaining a discharge for a client charged with domestic assault when the Crown wanted a conviction and permanent criminal record, and drafting an appeal factum that resulted in the overturning of a conviction for possession of marijuana on grounds that the client's Charter right to speak to a lawyer was violated.

The B.C. Court of Appeal overturned the acquittal of Timothy Dale Bornyk and ordered a new trial as a result of the conduct of Supreme Court Justice Gordon Funt in R. v. Bornyk.

The Court of Appeal set aside the acquittal and ordered a new trial.

The British Columbia Court of Appeal, in a decision reported at (2010), 294 B.C.A.C. 96; 498 W.A.C. 96, quashed all 10 convictions and substituted acquittals, finding serious errors in the conduct of the trial and concluding that the...

The Saskatchewan Court of Appeal allowed the appeal and entered an acquAppeal allowed the appeal and entered an acquappeal and entered an acquittal.

51 An appeal lies from an order or a refusal to issue an order under section 49 or 50 in the same manner as an appeal from a conviction or acquittal in respect of an offence mentioned in such section.

The Court of Appeal concluded that «while it can not be said that no jury acting judicially could reasonably convict, we are satisfied that if a new trial were possible, an acquittal would clearly be the more likely result.»

The Crown appealed the acquittal and the B.C. Court of Appeal convicted him of kidnapping on the basis that he was a party to the offence.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

Justice Abella: «We are all of the view that the appeal should be allowed and the acquittals restored.

A B.C. man convicted of drug and firearms offences based on seizure of evidence during a warrantless entry into his apartment has had his appeal to the Supreme Court of Canada allowed, his convictions set aside and acquittals entered.

Accordingly, in the words of s. 696.3 (3)(ii) of the Criminal Code, the appeal is allowed, the conviction for murder is set aside and an acquittal entered.

The Criminal Cases Review Commission (the «Commission» or «CCRC») was established by the British Parliament under the Criminal Appeal Act of 1995 following recommendations from the 1993 Royal Commission on Criminal Justice (the «Royal Commission»), a royal commission charged with investigating how effectively the British criminal justice system secured convictions of the guilty while ensuring acquittals of the innocent.

The Ontario Court of Appeal accepted this argument and the Appellant's convictions for Assault and Assault with a Weapon were overturned and an acquittal entered.

«It is of sufficient importance to stress it that the crown on this appeal is not asking that the verdict of acquittal be set aside on the ground that the trial judge erred by not giving the proper weight to the evidence for the crown.

If that were the point on this appeal it would be doomed to failure from the outset because that is a question of fact and no appeal from an acquittal lies on a question of fact.

The Court of Appeal overturned the conviction and entered an acquittal.

Just as a sympathetic defendant can appeal to the emotions of the jury for acquittal or jury nullification, on the opposite spectrum.

In 2011 — 15 years after Brant pleaded guilty — the Ontario Court of Appeal found that a miscarriage of justice had occurred and entered an acquittal.

Citing Richardson v. Vancouver (City), 2006 BCCA 36 (CanLII), a case in which police were sued for wrongful arrest by a plaintiff relying on their acquittal on the charge of obstructing justice, the Court of Appeal found it is improper to conflate issues pertaining to criminal responsibility and those pertaining to the civil liability of police.

The Ontario Court of Appeal confirmed this is the case even where a criminal trial judge gave reasons for acquittal that expressed an opinion that no wrongdoing had occurred, as opposed to simply concluding there was a reasonable doubt as to whether an offence was committed.

Norm Pattis is veteran of more than 100 successful jury trials, many resulting in acquittals for people charged with serious crimes, multi million dollar civil rights and discrimination verdicts, and successful criminal appeals.

However, criminal cases went to the Supreme Court only when «there has been a dissent on a question of law in the provincial Court of Appeal or where the acquittal of an accused has been reversed by the Court of Appeal», as noted by former Supreme Court Justice Frank Iacobucci.

The Supreme Court must consider whether, where a person claims that a prosecution has been brought in breach of her human rights, the time limit for bringing proceedings under the Human Rights Act 1998 runs from the date of her acquittal / conviction, or the date on which any appeals are granted.

The trial judge rejected this argument, but was overruled by the Court of Appeal, which excluded the Crown's evidence and entered an acquittal.

This Appeal is allowed in part: the Court sets aside the verdict of acquittal, substitutes a verdict of guilty for the included offence, and remits the matter to the Trial Judge for sentencing.

In November 2017, the Supreme Court (sitting in a panel comprising Lord Mance, Lord Kerr, Lord Reed, Lord Hughes and Lord Lloyd - Jones) will hear this appeal relating to the lawfulness of the disclosure of a rape acquittal on an Enhanced Criminal Records Check («ECRC»).

R (R) v Chief Constable of Greater Manchester [2016] EWCA Civ 490, [2016] 1 WLR 4125 (Supreme Court; currently on appeal to the Supreme Court) A challenge to the disclosure of information about acquittals on criminal records certificates, based on an allegation that it was incompatible with the presumption of innocence under Article 6 and the right to respect for private life under Article 8 of the Convention.

R (R) v Chief Constable of Greater Manchester [2016] EWCA Civ 490, [2016] 1 WLR 4125 (Court of Appeal; currently on appeal to the Supreme Court) A challenge to the disclosure of information about acquittals on criminal records certificates, based on an allegation that it was incompatible with the presumption of innocence under Article 6 and the right to respect for private life under Article 8 of the Convention (currently on appeal to the Supreme CAppeal; currently on appeal to the Supreme Court) A challenge to the disclosure of information about acquittals on criminal records certificates, based on an allegation that it was incompatible with the presumption of innocence under Article 6 and the right to respect for private life under Article 8 of the Convention (currently on appeal to the Supreme Cappeal to the Supreme Court) A challenge to the disclosure of information about acquittals on criminal records certificates, based on an allegation that it was incompatible with the presumption of innocence under Article 6 and the right to respect for private life under Article 8 of the Convention (currently on appeal to the Supreme Cappeal to the Supreme Court).

The Crown appealed the acquittal to the Alberta Court of Appeal arguing the trial judge erred in his ruling concerning spousal privilege meriting a new trial.

B.C.S.C.: summary conviction appeal allowed; verdict of acquittal entered.

R. v. Jarvis: Former Lerners» partner Gillian Hnatiw represents the Women's Legal Education and Action Fund (LEAF) in this Supreme Court of Canada case, which considers a decision by a majority of the Ontario Court of Appeal that upheld the acquittal of a high school teacher who had used a camera pen to surreptitiously take videos of female students and of one female teacher, while he was conversing with them in school, and which focused on their chests and cleavage area.