Sentences with phrase «elements of the offence with»

Because being a zealous advocate within the bounds of the law means that, some lawyers, some of the time, will be professionally obligated to do things the public does not like Some lawyers, some of the time, will act for people the public (correctly) assumes to have committed the factual and mental elements of the offence with which they are charged.

The critical narrative focuses on the belief that Ghomeshi was factually guilty — the belief that he did in fact commit the physical and mental elements of the offences with which he was charged — and on the pain suffered by the complainants from the original events, through having to testify and be cross-examined, and the judgment that criticized them.

Not exact matches

«The court seems to discredit the evidence, suffice it to say that there is no evidence linking the accused with the statutory element and ingredients of the offence with which he is charged.

This session will provide participants with a working knowledge of the Criminal Code with regards to animal cruelty cases and a guideline with respect to charge approval, elements of the offence and sentencing options.

The case will consider whether the law against polygamy is consistent with the Charter of Rights and Freedoms, and also look at what are the necessary elements of an offence — that is, whether Section 293 requires that polygamy involve a minor or some other element of abuse or exploitation.

With these criticisms in mind, the latest in a long line of cases, R v Hamilton [2007] EWCA Crim 2026, [2007] All ER (D) 99 (Aug), merits consideration to determine what light it throws, if any, on the elements of the offence of outraging public decency.

The view of the Advocate General, whereby a different legal element — concerning for example the intention of the perpetrator — could entail that the «acts» (Article 54 CISA) or the «offence» (Article 50 CFREU) are not the same for the purpose of ne bis in idem, is not entirely persuasive as regards its coherence with the previous CJEU case law.

Second, did the trial judge err in the manner in which he assessed the necessary elements of the offence of failing to comply with a demand to provide a suitable sample

The positioning of an Obeahman in a supernatural state, not only knowing about elements of an offence but purporting to be able to communicate with metaphysical powers around it, creates the type of relationship with these authorities similar to an interpreter in a traditional context for a party who believes in this power.

His appeal against conviction was dismissed by a majority of the Court of Appeal for Ontario... We agree with Justice Pardu that the trial judge's reasons, even when read as a whole and in the context of the trial record, fail to reveal the basis on which the trial judge concluded that the Crown had proven the mental element of the offence beyond a reasonable doubt.

In certain circumstances, a failure to comply with elements of an investigation or to obstruct or interfere with an investigation constitutes a criminal offence.

If you take the phone home with the intention of finding the owner then you have not committed larceny because you have not committed the mental element («mens rea») of the offence: you don't intend to permanently deprive the owner of their rights.

Specific topics covered include the role of the prosecutor, defendant and justice of the peace; the presumption of innocence; proof beyond a reasonable doubt and findings of credibility; elements of an offence; guilty pleas to an offence charged or another offence; mens rea, strict liability and absolute liability offences; defences to regulatory charges, including due diligence, reasonable mistake of fact and officially induced error; trial procedure; presentation of evidence; rules of evidence; the voir dire; dealing with the unrepresented defendant; Charter applications; access to justice issues; paralegals and lawyers in the courtroom; requests for a bilingual trial; articulating reasons for judgment; delivery of a judgment; sentencing; and trials of young persons.

If the defence raises a reasonable doubt with respect to any of the elements of the offence, the court must acquit the accused.

Contempt of court is the only civil proceeding that could result in jail and because of the potential impact on an individual's liberty, the formalities must be strictly complied with ̶ clear, precise and unambiguous notice of the specific contempt offence for which he or she is being charged must be given, and the elements required for a conviction proved beyond a reasonable doubt.

Oppal asked the Court to answer two questions about Canada's polygamy laws: whether the law is consistent with the Canadian Charter of Rights and Freedoms; and what the necessary elements of the offence are.

It follows that all of the elements of this offence are satisfied as a legal matter — with the important exception of whether Wright was a person who had «dealings with the government», something that can be decided as a matter of law without hearing any more evidence.