Sentences with phrase «prosecution in cases where»

The prosecutions in the case where two suspects are standing trial before a magistrate court for the murder of former Member of Parliament (MP) for Abuakwa North constituency, Joseph Bokaye Danquah - Adu have failed once again to bring the bill of indictment for the two in order for full trial to begin.

Not exact matches

District Attorney Cyrus Vance Jr. said the marijuana prosecutions will halt starting Aug. 1, other than in cases where there is a clear public safety concern, which, he predicts, will reduce the yearly marijuana prosecutions in Manhattan from 5,000 to 200.

They cited three previous cases where courts ruled such questions are «relevant and probative» when they concern a defendant's actions in the context of a securities fraud prosecution, including that of pharmaceutical executive Martin Shkreli, whom Agnifilo represented.

The prosecution alleges that Mr. Silver steered state grants to mesothelioma research to Columbia University and New York Presbyterian Hospital in exchange for a doctor there, Dr. Robert Taub, referring patients to a law firm that sues on behalf of such patients, Weitz & Luxenberg, where Mr. Silver was of counsel and received lucrative payments for referring clients with asbestos cases.

As the prosecution's witnesses testify in a gang - assault case against nine Rikers Island correction officers, a band of their colleagues keeps watch in the Bronx County Hall of Justice, where the case is being tried.

The Ulster County native also served as a lawyer for the CIA where he received the Attorney General's Distinguished Service Award for his role in the prosecution of a terror bombing case.

So even if you need urgent medical attention first you have to go to the police station — where the police may harass you, they may not accept the claim — there is so much likelihood that she will be harassed at the different stages — and there is so much likelihood that the case would be dropped at any one of these stages» and in the end women are very reluctant to pursue any prosecution due to the trauma that the process might exposes.

This is more problematic in criminal trials, where jury questions could provide evidence pushing a case over the threshold of proof needed to prove beyond a reasonable doubt that the prosecution failed to provide, than in civil cases with a preponderance of the evidence standard.

Bayne identifies a number of instances where the prosecution crossed the line in the Felderhof case, but he notes that Crown counsel «bore no discipline measure of responsibility for its role in the Felderhof incivility.»

Persuaded California Attorney General that there was no basis for criminal charges against surgeon in case where initially prosecution was certain.

During law school, Oberg worked as a briefing law clerk for the Attorney General Office in the State of Nebraska, where he assisted in the prosecution of criminal appeals, including death penalty cases.

I have not found a case that has considered this question in the context of allegations of sexual assault; in fact, there appears to be little case law regarding the enforceability of confidentiality provisions in agreements to settle civil disputes where the underlying facts could also support a criminal prosecution.

The Court's reference (Tsilhqot» in at para 136) to R v Marshall, [1999] 3 SCR 533 as support for the proposition that interjurisdictional immunity does not apply where provincial legislation conflicts with treaty rights is also puzzling, as the applicability of provincial law was not at issue in that case — Marshall involved a prosecution under federal legislation, the Fisheries Act.

Finally, where a juror knows or learns something prejudicial to a defendant, for example that he has criminal convictions, this does not amount to partiality to the prosecution case or consequent partiality in that juror.

There can hardly be a more poignant example of the need for international co-operation than the drive against money laundering (which goes hand in hand with that against international corruption), nor a more clear example that, whether for good or ill, we live in a globalised world, where traditional definitions of jurisdiction and boundaries may be obstacles to case prosecution.

She began her legal career as an Honors Program Trial Attorney in the Environment and Natural Resources Division of the U.S. Department of Justice, where she handled civil prosecutions in environmental cases nationwide.

Such latent health and safety violations appear to be the principle reason for the alteration of the limitation period, and can reasonably be characterized as the government response to cases such as an unsuccessful OHSA prosecution involving the Corporation of the City of Guelph, (2012 ONCJ 251 (CanLII)-RRB-, where a wall in a municipal building collapsed and tragically killed a student five years after the wall was built.

Prosecuting them for the federal crime of «flight to avoid prosecution» is rather tricky in this case, since «Violations of this section may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed» - we still have to decide where that is.

Interesting that the US Supreme Court is now considering the limits of malicious prosecution too, in a quite frightful case where the prosecutors knew the accused was innocent but got a conviction anyway.

Nowhere, he says, is this more acute than in the UK where, despite high profile cases, no prosecution has been brought in the 10 years since the government adopted the OECD Anti-Bribery Convention.

[31] In R v. George, [32] a case against certain British Airways executives concerned with a cartel offence involving alleged collusion with Virgin Atlantic, this issue arose in circumstances where the relevant Virgin Atlantic executives had admitted the offences and were given immunity from prosecution by the Office of Fair Trading (OFTIn R v. George, [32] a case against certain British Airways executives concerned with a cartel offence involving alleged collusion with Virgin Atlantic, this issue arose in circumstances where the relevant Virgin Atlantic executives had admitted the offences and were given immunity from prosecution by the Office of Fair Trading (OFTin circumstances where the relevant Virgin Atlantic executives had admitted the offences and were given immunity from prosecution by the Office of Fair Trading (OFT).

Examples of my experience in such matters are a euthanasia case (2016), where the charge of murder was dropped upon my revealing, at the defence examination, that the presence of a prescribed, very powerful and hazardous drug, (fentanyl), had been missed by both the prosecution study and analysis of the case.

[The case] involves a criminal defense attorney (strike 1) who is outspoken about the need to zealously defend individuals accused of the most heinous crimes (strike 2) charged with helping a convicted terrorist plan further terrorist attacks (strike 3) in an atmosphere where the prosecution was continually allowed to discuss bin Laden despite his irrelevance to the case (strike 4).

Legal 500 recommended law firm Duncan Lewis Solicitors are pleased to report the recent successful judicial review case of Ibrahim, R v SSHD where it was decided that the use of immigration detention in order to bring a prosecution for non-cooperation with removal is unlawful.

Even in cases where the facts seem bad may have hidden opportunities to challenge the prosecution that a good criminal defense attorney can dig out.

Regardless of where you stand on the question of whether there should be criminal prosecution in these cases (you can read my thoughts on this here), any Maryland accident lawyer will tell you that this question is of little consequence to the family's wrongful death lawsuit because there is little difference to the accident case whether the conviction is for vehicular manslaughter or for the ticket that this P.G. County police officer did receive in this case (assuming the ticket is involves something beyond speeding).

As Justice Lamer stated in Smith, at para. 69: ``... [T] he section can not be salvaged by relying on the discretion of the prosecution not to apply the law in those cases where, in the opinion of the prosecution, its application would be a violation of the Charter.

In these cases, even if the protection against self - incrimination in section 13 of the Charter applies — which provides that «A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence» — the SKCA held that prior false statements are admissible where the deceit is the substance of the offence, regardless of whether it was «incriminating evidence» or related to «perjury or for the giving of contradictory evidence» (Staranchuk SKCA at para 5In these cases, even if the protection against self - incrimination in section 13 of the Charter applies — which provides that «A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence» — the SKCA held that prior false statements are admissible where the deceit is the substance of the offence, regardless of whether it was «incriminating evidence» or related to «perjury or for the giving of contradictory evidence» (Staranchuk SKCA at para 5in section 13 of the Charter applies — which provides that «A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence» — the SKCA held that prior false statements are admissible where the deceit is the substance of the offence, regardless of whether it was «incriminating evidence» or related to «perjury or for the giving of contradictory evidence» (Staranchuk SKCA at para 5in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence» — the SKCA held that prior false statements are admissible where the deceit is the substance of the offence, regardless of whether it was «incriminating evidence» or related to «perjury or for the giving of contradictory evidence» (Staranchuk SKCA at para 5in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence» — the SKCA held that prior false statements are admissible where the deceit is the substance of the offence, regardless of whether it was «incriminating evidence» or related to «perjury or for the giving of contradictory evidence» (Staranchuk SKCA at para 5in a prosecution for perjury or for the giving of contradictory evidence» — the SKCA held that prior false statements are admissible where the deceit is the substance of the offence, regardless of whether it was «incriminating evidence» or related to «perjury or for the giving of contradictory evidence» (Staranchuk SKCA at para 5).

Tremblay - Hall calls the decision to award costs «very rare; I don't think there's one other case in Ontario where... a cost award of such magnitude has ever been awarded against the Ministry of Natural Resources for a prosecution.

(correct test for Barrister appeals; whether outside the ex improviso rule, prosecutor may call evidence after prosecution and defence case closed; use of debarring orders against prosecutor; whether tribunal may «enter the arena» and strongly request the attendance of a prosecution witness; whether BSB has power to summons witnesses; whether prosecutor may communicate with disciplinary judge behind the back of the defence; whether such communication redolent of actual bias of judge where judge wishes prosecutor good luck on appeal; whether apparent bias doctrine can be engaged by post-trial conduct of judge; legal effect of serving BSB prosecutions department officer being 1 of 4 appointing members of the COIC «Tribunals Appointments Body» (TAB); whether TAB ultra vires the Bar's Constitutions; whether open - ended power of removal of member of COIC pool without cause, unlawful given position of BSB Chair and senior staff on COIC; whether ECHR Article 6 guarantees against pressure on disciplinary judges to conform with a prosecutorial mentality; whether disciplinary judges Art. 6 «independent» within Findlay v United Kingdom given key role of BSB prosecutions department in appointing disciplinary judges; serious non-disclosure by BSB of notes of secret meeting between BSB and disciplinary judge until day before appeal and despite requests and application for disclosure by defence)

In cases where the prosecution relies on toxicology reports, defence counsel will argue the assumptions the extrapolated readings are predicated on are inaccurate.

This differs from the situation in Canada, where Karen Busby's research shows that complaints in cases of so - called «rough sex» are normally made by a party to the sexual activity who did not consent in fact («Every Breath You Take: Erotic Asphyxiation, Vengeful Wives, and Other Enduring Myths in Spousal Sexual Assault Prosecutions» (2012) 24 (2) Canadian Journal of Women and the Law, 328 at 346 - 347).

He then began his legal career as an Assistant District Attorney in the Philadelphia District Attorney's Office where, as a member of the Homicide Unit, he was entrusted with significant cases including numerous capital murder prosecutions.

The outcome of this scrutiny, particularly in the Othman case, where it is likely that evidence will be used in a prosecution in Jordan which was obtained by torture, must be highly uncertain.

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.

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.

Prior to joining Choate in 2014, Ms. Aguilar worked in the Homicide Unit of the Suffolk County District Attorney's Office, where she assisted in the prosecution of homicide cases.

I expect to see more anti-money laundering prosecutions, particularly in cases where terrorism or national security is implicated.

A prosecution is not automatically launched in every case where there is some evidence to support the laying of criminal charges.

Where he is instructed by the prosecution, he observes that those instructions come much later in the process — often after the plea and case management hearing, so at a time when it seems more likely that a trial will take place, explains Weeks.The profile of work he is asked to do has changed.

Admittedly there are cases where a lot of money is spent and has to be spent: for example, large - scale investigations or prosecutions (often on the securities side) where cases involve complex transactions, allegations of fraud, a long history of communication amongst numerous parties — in these types of cases it can be very costly to prosecute as well as defend.

«In appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquIn appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquin the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquin the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.»

This case concerned extension of the custody time limit under the Prosecution of Offences Act 1985, s 22 (3) in circumstances where delay had been caused by listing difficulties at the crown court.

«(1) For the purposes of section 101 (1)(d) the matters in issue between the defendant and the prosecution include — ... (b) the question whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant's case is untruthful in any respect.»

I hope that he will go a long way towards indicating that there are very many factors against prosecution in the public interest in cases involving assistance to a person who is mentally capable, where she or he has a terminal illness or incurable disease and decides to have an assisted suicide in a county where it is legal.»

«There have been cases stayed in provincial court and Queen's Bench where there's been a Jordan application, in a number of cases the Crown has simply abandoned the prosecution, because we wouldn't survive a Jordan application,» he said.

Witnesses may ask for and be given the protection of either or both of the federal or provincial Evidence Act, which means that the evidence can not be used against those witnesses in subsequent criminal or civil cases except in situations where it could be shown that the evidence given at the hearing was inconsistent with the evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for perjury.