Webb said he
took particular offence to a tweet in which Davidoff suggested selling a home for millions of dollars was not really a hardship, and then flippantly responded to a homeowner who protested that if they did sell, it would likely be to a foreign buyer who would leave the house empty.
He took
particular offence to Mr Ofili's The Holy Virgin Mary, which depicts Mary with dark skin, African features and flowing robes.
The reasoning behind the new guidelines is for ease and consistency of sentencing for
these particular offences.
That said,
the particular offence charged could sometimes have surprisingly little to do with the defence.
That said,
the particular offence charged can sometimes have surprisingly little to do with the defence.
In R. v. Smith, [1987] 1 S.C.R. 1045 the Court had held that a challenge to the constitutional validity of a mandatory minimum sentence requires a twofold analysis: (a) the court must first determine what constitutes a proportionate sentence for
the particular offence; and, (b) the court must then determine whether the mandatory minimum sentence requires that a sentence be imposed that is grossly disproportionate.
Not only the nature, but also the extent of the search performed on the cellphone or similar device must be truly incidental to the particular arrest for
the particular offence.
In Tatton, Justice Moldaver held that the «importance» of the mental element comprised the «complexity of the thought and reasoning processes that make up the mental element of
a particular offence» (para 34) and that «specific intent offences contain a heightened mental element» (para 39).
There is
no particular offence within the Criminal Code called «shoplifting.»
Both the nature and the extent of the search performed on the cell phone must be truly incidental to the particular arrest for
the particular offence.
While the regime exempts investigatory and prosecutorial records, that exemption applies only to records made in relation to
the particular offence in question.
The Crown will often charge alternative counts where it is unclear exactly what it will be able to prove or whether all the elements of
a particular offence can be established.
He says: «Its claim that the total savings envisaged by this latest version amounts to no more than # 11m masks the real losses firms that specialise in
particular offences or practise in particular areas will suffer.»
Jurisdictions are invited to consider giving order - making powers for
these particular offences, even if such powers do not exist elsewhere in the privacy statute.
it shall not be necessary to allege or prove that the person charged knew or ought to have known of
the particular offence by reason of which any goods are deemed to be stolen goods;