Sentences with phrase «modified objective standard»

The action must similarly be unavoidable in that there is no reasonable opportunity for an alternative course of action that does not involve a breach of the law (measured according to a modified objective standard).

-- break and enter: John Doe, [2007] B.C.J. B.C.J. No. 2111, 228 C.C.C. (3d) 302 (B.C.C.A.), acquittal set aside, new trial ordered; accused testified that he had been fasting in the woods for 60 days when he entered the house to be warm and to eat; the trial judge erred by not correctly applying the modified objective test to the first two components of the defence of necessity — the existence of an imminent peril or danger and the absence of any reasonable legal alternative, had to be assessed on a modified objective standard; the trial judge erred by failing to determine whether the accused's perception of his situation, and the absence of any lawful alternatives, had an objectively reasonable foundation; the verdict would not necessarily have been the same had the trial judge properly applied the law on the defence of necessity.

To be involuntary, there must be circumstances of imminent and urgent peril where the action taken is unavoidable (measured according to a modified objective standard).

Not exact matches

Savvy franchisors will start by establishing objective standards that can later be subjectively modified based on further examination of its specific situation.

Unfortunately, these documents have been diluted and modified by states in formulating their goals documents, mostly because states generally view their standards as behavioral objectives that can be easily tested.

The teacher resume objective statement will have to be modified according to the class or standard one has applied for.

The teacher resume objective statement will have to be modified according to the class or standard -LSB-...]