Sentences with phrase «reasonably apprehended»

The issue then was «whether and to what extent the police may take preventive action against anyone other than persons committing or reasonably apprehended as being about to commit a breach of the peace».

If a judge decides that you meant to cause death or grievous bodily harm, the force you used to defend yourself will only be justified in situations where you reasonably apprehended that death or grievous bodily harm to yourself would otherwise result.

-- see: Foley, [2000] O.J. No 5204 (S.C.J.): a belief in the need for retaliation may be mistaken but reasonable, and, «a person defending against an attack reasonably apprehended can not be expected to weigh to a nicety the exact measure of defensive action required.»

A sufficient description of the document (s) must also be produced in order to establish the evidentiary basis for the privilege claimed (e.g. to establish that the document was created to prepare for reasonably apprehended litigation).

The reasonably apprehended result would be an influx of polygamous families who are presently barred from the country in addition to the practice's domestic growth.»

With the intent to cause physical injury, making another person reasonably apprehend an imminent harmful or offensive contact.

Not exact matches

Accused allegedly assaulted five victims during confrontation in nightclub and left before being apprehended — Weeks later, accused was arrested after witness to assaults saw him at another nightclub and informed one of victims who was also at nightclub — Accused charged with three counts of assault causing bodily harm and two counts of assault and was convicted at trial — Trial judge found that identification evidence was reliable and that proper procedures were employed for photographic lineup — Accused appealed — Appeal allowed; new trial ordered — Fresh evidence was admissible because it was sufficiently credible and, if believed, was reasonably expected to have affected result — Verdict was not unreasonable, but there were frailties in identification procedure and in identification evidence of witnesses.

(c) When necessarily used by a peace officer or person acting under the officer's command and in the officer's aid: (i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony

When these do not reasonably create a fear of great bodily harm, as they could not if defendant apprehended only a misdemeanor assault, there is no cause for the exaction of a human life.

For example, the use of force by a law enforcement officer when reasonably necessary in the proper execution of a lawful apprehension is justified because the duty to apprehend is imposed by lawful authority.