Sentences with phrase «prosecution in the case»

The remedy for erroneous trial directions (an appeal) is different to the remedy for erroneous evidence (a perjury prosecution in the case of deliberate lies; nothing in the case of innocent errors).

Cats Protection launched its Manifesto for Cats earlier this year, calling for a string of measures to improve the lives of cats in the UK — including updating the Dangerous Dogs Act to allow for prosecution in cases where a dog attacks, injures or kills a cat.

«Encouragingly, the public consultation showed there is wide support for the overall approach [that] there should be a high threshold for prosecution in cases involving communications which may be considered grossly offensive, indecent, obscene or false».

Indeed Robert Francis makes a very strong argument that the Health and Safety Executive is too distant from hospitals and not the right organisation to be focusing on healthcare and criminal prosecutions in these cases.

«These are cases that can give rise to complex issues, but to avoid the potential chilling effect that might arise from high numbers of prosecutions in cases in which a communication might be considered grossly offensive, we must recognise the fundamental right to freedom of expression and only proceed with prosecution when a communication is more than offensive, shocking or disturbing, even if distasteful or painful to those subjected to it.»

The Nassau County DA is known for her aggressive prosecution in cases involving drunk driving and drugs.

Worse yet, alerting to small amounts of marijuana could mess up prosecutions in cases involving other, still illegal, drugs.

An interpretation that requires an effect on the victim would be contrary to the fact that the statute is talking about the intent of the perpetrator and to the fact that the statute expressly authorizes prosecutions in cases where the victim is physically helpless a definition that includes unconscious or drugged.

However, the announcement on World AIDS day by the Attorney General of Ontario falls well short of this, as it only commits to refraining from prosecutions in cases where someone has a suppressed viral load.

Obtained a directed verdict on all but one count of a complaint and a defendants» verdict on the remaining count for two Fairfield County police officers accused of false imprisonment, unreasonable search and seizure pursuant to the Fourth Amendment, and malicious prosecution in a case brought by two elderly residents charged with animal cruelty.

Had this Manitowoc prosecution taken place in Ontario, the various panel members who are a part of this years» conference would have shed a completely different light on the two concurrent prosecutions in this case.

As a general guideline, the code states that prosecution in cases of any seriousness shall usually take place unless there are public interest factors against prosecution that clearly outweigh those tending in favor (Code for Crown Prosecutors, sec. 6.2).

Personally I'm not sure a prosecution in these cases is the appropriate way to go anyway, but it means that we continue to get parents who drink whilst co sleeping.

A according to the judge Abogyee Tandor, the prosecution in the case proved beyond reasonable doubt the five planned and executed the robbery.

Jona Rechnitz, a witness for the prosecution in the case of Norman Seabrook, leaves court on October 27, 2017.

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.

According to the Judge, Aboagye Tandoh, the prosecution in the case has on a number of occasions, failed to appear in court.

There were no prosecutions in either case.

However in R v Bow Street Metropolitan Stipendiary Magistrate, ex p South Coast Shipping Co Ltd [1993] 1 All ER 219 it was held that the mere presence of an indirect or improper motive in launching a prosecution did not necessarily vitiate it; and the court would be slow to halt such a prosecution in the case of mixed motives unless the conduct was truly oppressive.

It involves the admissibility of testimony necessary to sustain a prosecution in a case like this one.

(ii) The evidential test in the code was itself incompatible with Art 2 in preventing a prosecution in cases where a jury properly directed could convict public officials of offences amounting to a violation of Art 2.