Sentences with phrase «elements of a prosecution»

Not exact matches

Hernandez's defense, led by Michael Fee, however, spun the conversation as proof of a close friendship between the men, which could lead the jury to question Hernandez's motive for murder, a significant element in the burden of proof for the prosecution.

This is what we know: the Electoral Commission is still assessing claims that potentially illegal donations were made; the information commissioner is investigating «possible illegal» use of data; the heads of MI6 and GCHQ have both voiced unprecedented warnings about foreign interference in our democratic systems; the government has refused to elaborate on what these are; one of the leave campaigns has admitted the undeclared support and help of the American hedge fund billionaire who backed Trump; the Crown Prosecution Service is being asked to mount a criminal investigation; and questions have been raised about possible unlawful collaboration between different elements of the leave campaign.

Nyame, who is standing trial for a 41 - count charge of criminal misappropriation of N1.64 bn state funds, had on January 18, 2017 through his counsel, Charles Edosomwan, SAN, urged the court to «hold that the testimony of prosecution witnesses have been so damaged and can't be relied on», and «the crucial elements are missing in this case».

Metuh had on Thursday, February 25, 2016 through his counsel, Onyechi Ikpeazu, SAN, filed a «no - case» submission on the grounds that, the prosecution did not establish the essential elements of the offences charged, a situation he said rendered the case against him manifestly unreliable.

But whether the Obama government has the stomach to follow through and permit such prosecutions remains to be seen, as Chicago FBI agent, Ross Rice hinted: «Whether Gleick, a member of the U.S. intellectual elite and a former student and coauthor with John Holdren, Obama's Science Adviser, is ever charged is a different issue than whether his acts meet the elements of 18 USC 1343.»

The prosecution needs to prove every element of the crime you are charged with.

Consequently, for a judge not to allow defense voir dire / cross examination questioning of a prosecution witness before a damning exhibit is allowed into evidence, presents not only a Due Process issue but also a possible perception of pro-prosecutorial bias of the judge, whether or not that bias exists, at least in the eyes of laypeople watching the trial, when a critical element of a sufficiently functioning judicial system is for the public to perceive judges as following their oaths of office.

But even if the plaintiff can establish such a state of affairs, one more element is required for a finding of malicious prosecution.

If you are charged with carrying a concealed weapon, the prosecution must prove each of the elements of the offense to convict you.

It was the prosecution's contention that the appellant's conduct satisfied each of these elements and that although no one actually saw the filming taking place, this did not matter since it was sufficient that the act was capable of being seen.

There is a substantial body of case law on whether prosecution for a crime with elements A, B, and C bars prosecution for a crime with different elements arising from the same facts and circumstances (e.g. if acquittal of a lesser included offense whose elements must all be proved to convict on the more severe offense provides double jeopardy protection), that wouldn't be directly applicable in my alternative scenario because the offense tried the first time and the second would have exactly the same elements.

If HMRC Inspectors believe that there is an element of dishonesty in the arrangements or the disclosures to HMRC, there is a high risk that a criminal prosecution will follow.

Reasons included (1) judges «grade on a curve» and, after sitting through 20 cases involving violent crimes, might not find a more minor crime as serious whereas a jury would not share this context; (2) defendants will select those judges who they believe will be more inclined to acquit; (3) judges are bound by fixed sentencing rules so rather than sentence a defendant of a nonserious crime to a lengthy term they avoid that dilemma through acquittal; (4) judges might better understand the complex elements of certain corporate crimes and, unlike a jury, would recognize when the prosecution failed to carry its burden and (5) some judges may just have something against prosecutors.

The Supreme Court held that the courts below, having concluded that the prosecution was undertaken without reasonable cause, were wrong to conclude that the fourth element of malice had been established.

Possibly, the question is also asking what would happen if the prosecution pursues a conviction that requires proof of premeditation, but the prosecution then fails to prove only that element.

• John E. Nemazi, shareholder and registered patent attorney, heads the patent prosecution group at Brooks Kushman, where he provides a unique service that combines elements of law, marketing and design.

While it can't be guaranteed, the skilful handling of these elements can lead to the matter being dealt with before prosecution.

The prosecution must establish each element of the crime in order to get a conviction.

Usually the term «fraudulently» requires some kind of undue financial motive, though if one were to guess or crack a password in order to gain access, that element of the offence might be the subject of argument in a prosecution.

At Lessem, Newstat & Tooson, LLP, our legal team is capable of defending clients by disproving these legal elements, challenging the prosecution's case, and supporting defense strategies with compelling evidence.

With the right preparation and the right cross examination, the prosecution can fall short of establishing the essential elements beyond a reasonable doubt.

«The power of the prosecutor to stay public or private prosecutions under s. 579 of the Criminal Code has been described by the Supreme Court as one of the five «core elements of prosecutorial discretion» [Krieger v. Law Society (Alberta) 2002 SCC 65 at para. 46] that relate to whether a prosecution will be brought and what form a prosecution will take.

In order to convict you of involuntary manslaughter, the prosecution must be able to establish each element of the crime.

Required elements of proof: The underage DWI statute establishes three elements of proof that must be proven by the prosecution.

In accusations of drug importation, the prosecution must prove several elements including that the accused knew he or she was in possession of the substance.

These and other offenses listed in the Georgia Code are all characterized by distinctive elements, each of which must be explicitly established by the prosecution in order for a conviction to be obtained.

Regardless of whether a defense is available or successful, the prosecution must be able to prove all of the elements of criminal trespassing beyond a reasonable doubt.

According to Kesten, this is useful for lawyers because malicious prosecution has a different statute of limitations and different elements of proof from a civil rights action.

In order to convict you under 496 PC the prosecution will have to establish each element of the crime.

The Hess decision from (I believe) 1987 was quite clear that regardless of how remote the possibility of a custodial period being imposed, section 7 is offended if there would be no obligation on the prosecution to prove the mental element.

As to the latter, in such a case it will plainly assist the jury to know that the accused has a propensity for untruthfulness, especially if the prosecution witnesses do not, and that this is so whether or not telling lies is an element of the offence charged.

I navigate these various decisions and guidelines by working in collaboration with my clients as to various ways to claim their respective inventions (e.g., claiming non-natural claim elements where needed to illustrate patentably eligible subject matter, or alternatively looking for appropriate arguments that meet the USPTO's guidelines), proper development of a patent specification that can be used for prosecution and litigation purposes (e.g., good actual, prophetic and comparative examples to illustrate the novelty and nonobviousness of the invention while still maintaining a broad claim scope of protection for future enforcement), and continual review of the client's patent landscape (via competitive and white space analyses and updates) to look for additional IP opportunities.