The Court was careful to distinguish between what is involved in demonstrating whether reasonable and probable grounds support an arrest /
charges against the Appellant and what the Crown has to prove: guilt (i.e. the factual and mental elements of an offence) beyond a reasonable doubt.
These findings are subsequently upheld by the Court of Appeal and the Attorney General stays
the charges against the Appellants.
Not exact matches
It was the above alleged conduct that necessitated the filing of criminal
charges by the Independent Corrupt Practices and other Related Offences Commission (ICPC)
against the
Appellant at the High Court of the Federal Capital Territory (FCT), Abuja.
«The
appellant maintains that, by its nature, a tax on criminal defence legal fees will, at some level, be prohibitive or at the very least act as an impediment to or will interfere with the right to counsel since the additional cost of the tax to an accused will interfere with the financial resources available to mount a defence to the
charges brought
against him or her,» wrote Tax Court of Canada Justice Brent Paris, summing up the firm's case.
After the police released the
appellant from arrest without
charge, two newspapers applied to lift a Crown Court order postponing his identification in contemporaneous reports of the criminal trial on the ground that there were now no «pending or imminent» proceedings
against the
appellant that might be prejudiced by publication.
The trial judge made strong findings
against the
appellant, including that the renovations were «grossly in violation of the [
appellant's] obligations» (at paragraph 17), and that the renovations were in «dereliction of the responsibility of a committee, who should have the interest of the incapable party in mind» (at paragraph 24), resulting in the judge ordering the expenditures to be
charged back to the
appellant.
Fraud and tax evasion
charges are laid
against the
Appellants.
The
Appellant appeals from a summary judgment decision dismissing her action
against the Respondents, Toronto Police Services Board and Detective Constable Andrew MacPhail, for wrongful arrest and negligent investigation of criminal
charges.