Then, in response to Gillette's special motion to dismiss ShaveLogic's counterclaim under the anti-SLAPP statute, ShaveLogic argued that Gillette's case was devoid of
any reasonable factual support.
Not exact matches
Both sides of this debate make
reasonable and rational arguments, yet we believe that neither position is
supported by
factual evidence.
The cumulative effect of the
factual elements previously described provides objective
support for the officer's subjective belief that he had
reasonable and probable grounds to make the arrests.
The Court was careful to distinguish between what is involved in demonstrating whether
reasonable and probable grounds
support an arrest / charges against the Appellant and what the Crown has to prove: guilt (i.e. the
factual and mental elements of an offence) beyond a
reasonable doubt.
The result the Court reaches means that the Guidelines will still be out there, judges will still make
factual findings that enhance the sentences, and Courts of Appeal will still uphold these sentences as «
reasonable» even though the jury never found the facts that
support the enhancement.