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.