Sentences with phrase «elements of the offences charged»

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.

These allegations need not be proven as elements of the offences charged, nor did they form any part of the case that the Crown led at the preliminary inquiry.

(ii) The only circumstance in which there is likely to be an important issue about whether or not a defendant has a propensity to tell lies is where telling lies is an element of the offence charged.

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.

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.

It is not unfair to try the accused on an included offence since the charge laid alerts the accused person that they are alleged to have satisfied all of the elements of the included offence, as well as the charged offence.

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.

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.

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.

the offence's elements are embraced in the offence charged as described in the enactment creating it, e.g., common assault in a charge of sexual assault; or

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.

The narrow question the Court faced in Tatton was whether intoxication can be a defence to a charge of arson — on the theory that an intoxicated person who puts something (in this case, the house in which he was living, but which belonged to someone else) on fire lacks the requisite «mental element» for the offence.

The Crown will often charge alternative counts where it is unclear exactly what it will be able to prove or whether all the elements of a particular offence can be established.