Sentences with phrase «purely objective test»

At issue is whether the appeal court misapplied and misinterpreted the law regarding criminal negligence by imposing a purely objective test.

He contended that the tribunal had erred in applying a purely objective test and finding him guilty of dishonesty notwithstanding that, on the evidence accepted by the tribunal, his state of mind was not dishonest.

Not exact matches

It ruled that the correct test to determine a claimant's date of knowledge under ss 14 (2) and 14 (3) is purely objective — factors peculiar to the individual claimant ought not to be taken into consideration.

Hoare indicates that s 14 (1) is subjective in that it refers to knowledge actually possessed by the claimant, the test under s 14 (2) is purely objective — the standard is «entirely impersonal» and s 14 (3) is also objective.