Sentences with phrase «evidence in question»

In sum, «one is left with the feeling that the [evidence in question] was employed simply because the jury would find these beliefs morally reprehensible.»

56 In Mohan, Sopinka J. held that the expert evidence in question had to be more than merely helpful.

In the present case, the Court of Appeal determined the fresh evidence in question «sheds no light» on the pivotal issue in the case which was whether the Respondent knowingly engaged in unlawful conduct he knew would likely injure the Appellants.

Some effort is is however, required in order to comprehend the total of the science and the evidence in question — effort that you are apparently not willing to put forth, preferring to bask in your conveniently easy faith based «alternative».

For reconstructing scenes, you have to find the scannable parts of the evidence in question.

Because the evidence in question was essential to the Crown's case, the accused should be acquitted.

Despite the relative deference to police actions embodied by this standard, the court concluded that the evidence in question must be excluded:

Jan. 30, 2018)(«Because the evidence in question consists of electronically - stored information, FRCP 37 (e), not inherent authority, supplies the controlling legal standard.»)

In order for privacy to be breached, the person whose privacy is at stake has to have had a reasonable expectation of privacy in the documents / evidence in question.

71 In R. v. Collins, supra, the Supreme Court held that the factors which must be considered in determining whether the admission of the evidence in question could bring the administration of justice into disrepute are the effect of the admission of the evidence on trial fairness; the seriousness of the Charter breach; and the effect on the repute of the administration of justice if the evidence is admitted or excluded.

Where a party to litigation makes a claim of prejudice because of by spoliation of evidence by the other party («the spoliator»), the adjudicator may impose a presumption that the destruction or loss of the evidence in question would not assist the «spoliator.»

Upon pointing the judge to this ruling, the issue was resolved and the evidence in question was allowed.

The trial judge had opted to exclude the evidence in question, noting that the accused was allowed to use the computer for personal use and the police inspection of the hard drive (without a warrant) was a violation of his reasonable expectation of privacy.

... In particular, the judge should consider whether: there is a legitimate explanation for failing to call the witness; the witness is within the exclusive control of the party or is equally available to both parties; and the witness has key evidence to provide or is the best person to provide the evidence in question.

The evidence in question was excluded on the grounds that the Charter had altered the previous common law test for entering a suspect's home without a warrant.