Sentences with phrase «rea required»

And perhaps most importantly, what fulfills the actus reus and mens rea required for a conviction?

In some projects, these changes have been implemented by the wind company but in other MOECC staff is telling residents no action is required, even though the REA requires the wind company to address complaints like these.

The ERT rejected this argument; the Environmental Protection Act test for overturning a REA requires objective causation of harm, not just a subjective belief, however sincere.

Not exact matches

The minimum dividend yield required by the Rea - Graham screen is currently 2 % (66.7 % of the corporate bond rate of 3 %).

Instead, Rea suggested requiring the price - earnings ratio to be 70 % below its high.

One criterion Rea and Graham used required that the earnings yield be at least twice the average AAA corporate bond yield.

Bel - Rea graduates qualify to apply for the Veterinary Technician National Exam, required for veterinary technician credentialing in the United States.

Bel - Rea also evaluates previous veterinary technician coursework from other AVMA - accredited veterinary technology training programs to asses if appropriate additional credit may be granted towards the required Bel - Rea course work.

Because the doctrine of transferred malice only applies when the defendant has the required mens rea?

If the defendant uses the defense of intoxication and it is believed that the defendant lacks the required mens rea, is the doctrine of transferred malice is still relevant?

In Brazil on the other hand, they have been put into use to justify the prosecution and condemnation of those not acting with the required actus reus and mens rea, but that due to their position in companies or governments, should be understood as equally responsible.

If a child can be precluded from attending a private religious school solely because one parent objects on religious grounds and if a parent can be required to pay for tuition for a private religious school as a part of the child support obligation in the case of Jordan v The Honorable John Rea.

Most crimes can not be proven merely by committing the act — known as actus reus — but also require proof of criminal intent, known as mens rea.

In general, a guilty action also requires a mens rea, or guilty mind, in order to be guilty of a crime.

However, he was of the view that the «making available» offence required some «positive facilitation» of access to the pornography, which Mr. Spencer had not done, and further he believed Mr. Spencer's evidence that he did not know that others could access his folder so that the fault element (mens rea) of the offence had not been proved.

Thus, if the defendant was ignorant of the facts, and if the prosecutor can not prove beyond reasonable doubt that the defendant committed the crime with the required mens rea, the defendant will be found not guilty.

The definition of a crime requires an actus rea and a mens rea.

It therefore can not have a «guilty mind» required for the mens rea requirement.

In the Courts opinion, section 7 of the Charter through the «principles of fundamental justice» required mens rea or criminal intention for crimes.

Satisfying the elements of a case that require mens rea is, on average, more expensive to pursue than satisfying the elements of a case that need only show negligence or strict liability.

The court in Rea noted that large publically traded corporations benefit more from requiring derivative actions to be granted with leave, since the body of potential claimants is significant and the corporation could be forced to fund potentially frivolous lawsuits if leave was not granted.

Comment: One comment argued that the regulation's reliance upon a «reasonableness» standard criminalizes «unreasonable efforts» without requiring criminal intent or mens rea.

The existence of reasonable ground (a lesser standard that proof beyond a reasonable doubt) requires there be some evidence of both a guilty act (actus rea) and a guilty mind (mens rea).

Lower court cases have not reached a consensus on this issue, and in particular on what mens rea is required.

Such farms require a Renewable Energy Approval («REA»), from the Ministry of Environment and Climate Change under the Environmental Protection Act («EPA»).

The leading Court of Appeal authority (Express & Echo v Tanton [1999] IRLR 367, [1999] All ER (D) 256) envisages a tribunal disapplying a substitution clause if it is a «sham», but this is in itself a difficult test for a claimant because a strict view of it requires proof of a deliberate attempt to evade legal responsibilities, almost an element of mens rea (see Real Time Engineering Ltd v Callaghan [2006] UKEAT / 516/05).

The criminal conviction requires mens rea, proof of malice or intent on the part of the actor, so something that is found to be accidental would not be criminally actionable.