Sentences with phrase «liability offence with»

For instance in the Irish case of the Director of Public Prosecutions v Maresa Cagney [2013] 3 JIC 1101 where the Director of Public Prosecutions relied on the case of DPP v. Patricia Behan [2003] JIC 0304, in support of the proposition that failing to provide samples of her breath under section 13 of the Road Traffic Act 1994 Act was a strict liability offence with a limited defence.

Not exact matches

It's difficult to blame Ozil for the difficulties he's faced at Arsenal without looking at the big picture... like the fans, he too was lied to by Wenger... there is no doubt in my mind that he was told by Wenger that he was trying desperately to recreate our earlier success by acquiring players that fit the system he ran when Henry was in his prime... as we know this hasn't happened... in order for Ozl to flourish he needs some speed up front, forwards that can make intelligent runs, a boss in the midfield to compensate for his obvious defensive liabilities and defenders who can transition from defence to offence quickly and efficiently... much like he had in Real and with the German National squad... unfortunately he ended up on a squad that has a striker who plays with his back to goal, very few intelligent runs into the box, minus Sanchez, no one to take pressure off him in the midfield, once Cazorla was injured, average defensive midfielders around him, which simply highlighted his lacking defensive qualities and defenders who lack the necessary cutting edge when it comes to transitional passing... instead of blaming Ozil, which is simply too easy, especially considering his mopey disposition, we should be asking ownership and / or Wenger why they brought him in if they didn't intend on doing what was necessary to get the best from him... can you imagine Ozil playing with the likes of Henry, Viera, Petit and Pires, it would be incredibly to watch and even more difficult to stop... so the only thing different between his experiences in Real and with the German team versus his time at Arsenal are the players around him and we all know who is in charge of making those decisions, the Grinch who stole soccer

The report recommends that the offence of a company failing to prevent bribery by persons acting on a company's behalf should be one of strict liability, with the removal of the need to prove negligence under cl 5 (1)(c).

Just checked - it's clear that if you have sex with someone under 16, you need to show that you believed they were 16 or older (unless they are under 13 - it becomes a strict liability offence then).

Consequently, as we enter the Bribery Act enforcement era with expanded corporate criminal liability and a new corporate offence of failing to prevent bribery, the trend to civil recovery is likely to be short lived and viewed as a pragmatic «stop gap» response to apparent deficiencies in the criminal justice architecture rather than as a long term enforcement trend in settling overseas corruption cases involving companies.

Amanda Pinto QC, a tenant at 5 Paper Buildings and co-author of Corporate Criminal Liability, questions why the authority has chosen to deal with substantial offences, such as fraud and misleading conduct, as breaches of regulations rather than crimes.

The case of R. v. Hughes, [2013] UKSC 56, dealing with an absolute liability driving offence...

Looks like rape is a strict liability offence - that is, unlike some crimes where you need to prove that the criminal act was committed with intent of some kind (or sometimes recklessness), the intent is irrelevant; it is enough that the criminal act occurred.

CONTROL OF INFORMATION: SS 40 - 47 These provisions enable HM Revenue & Customs, and the Revenue & Customs Prosecution Office to supply the secretary of state with information for use in connection with: immigration control; criminal offences; carriers» liability; employment restrictions; asylum support; and nationality matters relating to good character and deprivation of nationality.

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.

Two new corporate offences of facilitating tax evasion under the Criminal Finances Act 2017 also adopt a failure - to - prevent model, with criminal liability attaching for the acts of persons acting on the company's behalf unless the corporate can show it had reasonable prevention procedures in place.

For example, breach of an obligation to notify, or of an obligation to comply with an order of the privacy commissioner or review officer respecting breach notification, could be expressly made a strict liability offence, so that the non-compliant person would have to demonstrate due diligence in order to avoid conviction.