Sentences with phrase «intention of prosecution»

Some are done with the intention of prosecution or determining liability, others are purely for learning and others are a hybrid.

Not exact matches

While there was support for the prosecution's case that the defendants had formed a plan to go to Pakistan to train and then to Afghanistan to fight, there was nothing that evidenced expressly the use of, or intention to use, the extremist literature to incite each other to do so.

In my view, those references to the inventor's intention refer to an objective manifestation of that intent in the patent claims, as interpreted by the person skilled in the art, and do not contemplate extrinsic evidence such as statements or admissions made in the course of patent prosecution.

(ii) The matters to be dealt with are: - the aggravating and mitigating factors of the offence (not personal mitigation); - any statutory provisions relevant to the offender and the offence under consideration so that the judge is made aware of any statutory limitations on sentencing; - any relevant sentencing guidelines and guideline cases; - identifying any victim personal statement or other information available to the prosecution advocate about the impact of the offence on the victim; - where appropriate, any evidence of the impact of the offending on a community; - an indication, where applicable, of an intention to apply for any ancillary orders, such as anti-social behaviour orders and confiscation orders, and so far as possible, indicating the nature of the order to be sought.

In particular, the case of Ellames [1974] 3 All ER 130, [1974] 1 WLR 1391 established that «has with him any article for use...» means «has with him for the purpose (or with the intention) that they will be used...», and that the prosecution has to prove that the defendant has the articles for the purpose of use in a future offence, by him, or another, though it is not necessary to establish the details of a particular contemplated fraud.

The attraction of an intention to deceive is that it avoids the problems of proving dishonesty and does not require proof of actual deception, although this could of course buttress a prosecution.

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