Sentences with phrase «such a prosecution in»

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.

Any such prosecution in Canada under s. 319 (2) of the Code («willful promotion of hatred») would likely meet a subsection 3 (b) defence:

Not exact matches

Lawyers and prosecutors say that requiring such proof would make it harder for authorities to pursue insider trading cases, potentially preventing prosecutions in which corporate executives tip friends or relatives without any tangible quid pro quo.

Buffett's philanthropy and time serving in law enforcement allowed him to set up groundbreaking reforms such as his Macon County, Illinois program where drug addicts can turn themselves in for rehabilitation without fear of prosecution.

«Canada doesn't have a well - developed system of prosecution of white - collar crime and I think, quickly, the government will find itself overwhelmed,» Mr. Dattu said, as trials in such cases are inevitably lengthy and expensive.

The Trustee's costs resulting from the Trustee's appearance in, prosecution of or defense of any such action are deductible from and will constitute a lien against the Trust's assets.

Sales could be prosecuted under the criminal accessory component of this law, though such prosecutions were rare, because the state's policy was meant to prevent birth - control clinics from operating in Connecticut.

Whenever such wickedness occurs, it must be fully exposed and condemned, and full justice must be applied by prosecution of all those individuals who share responsibility for this evil, either in their committing abuse or collaborated in it and its cover - up.

Mo. is charged with failure to report the suspected abuse of a child, becoming the first active bishop in the country to face criminal prosecution in such a case.

Mervyn Thomas added: «Such selective prosecutions not only undermine the rule of law, but also erode confidence in a state government that has yet to address the violence in southern Kaduna effectively, or to assist those displaced by the attacks.»

Apparently few people were ready to take on such a controversial issue, especially since those tangled in the web of prosecution and incarceration seemed to be mostly young black men.

the pope could say they will release all doc.uments proving such abusing and help the police in their investigations / prosecutions in order to put these monsters behind bars instead of letting them molest children at the next church.

That this House is concerned that the provisions of the Infant Formula and Follow - on Formula Regulations 2007 are disrespected in the UK, as evidenced by the current promotion for Nestlé SMA infant formula by Tesco in breach of Article 23 of that regulation, the near identical labelling of infant and follow - on formula to make them cross-promotional in breach of Article 19 of that regulation, the widespread advertising of infant formula brand names and logos in breach of Article 21 of that regulation and the use of idealising text and images on labels in breach of Article 17 of that regulation; therefore rejects the Department of Health's proposals to decriminalise certain of those requirements, such as labelling provisions in planned draft legislative proposals, related to EU Regulation 609/2015 which will replace these 2007 regulations; and stresses that any move to a system of Improvement Notices must have the purpose of speeding up compliance and be backed by prosecutions rather than giving companies who have flouted the law for many years additional time to comply.

Such advertising also breaks the UK Regulations, though this has not been tested in court as the enforcement authorities have not yet brought a prosecution.

For a case to proceed, the prosecution must have a realistic prospect of being able to prove that the two people agreed that the gift, etc., was in exchange for an honour,» and that «There is no direct evidence of any such agreement between any two people subject of this investigation» [65][66]

«The norm of the prosecution in Nigeria today is either for the police or prosecuting agencies such as the EFCC and ICPC to make arrests and thereafter shop for prosecution.

Kelly Kramer, a white - collar criminal defense attorney at the Mayer Brown firm, said the Supreme Court has scaled back the «honest services fraud» statute, as it is called, in deciding the case of former Enron executive Jeffrey Skilling, limiting such prosecutions to cases involving bribes or kickbacks, rather than mere self - dealing.

«If government does not exempt child victims of rape or defilement from the compulsory payment of N5000 for obtaining medical reports from hospitals as evidence for prosecution, perpetrators of these evil and criminal acts would continue to escape justice and such acts would continue to increase in our society,» she said.

In the case of any failure by a taxpayer to timely pay any penalty imposed by this section, such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure.

Therefore, it is important that both the Prosecution and the Accused Persons or their counsels are mindful of this fact and strive to shun all forms of antics such as request for frivolous adjournments which could lead to unnecessary delays in the trial processes.

New York State law currently limits prosecutions for burglary to homes or buildings, leaving lesser charges such as misdemeanor larceny for car break - ins and no real consequences.

They cited three previous cases where courts ruled such questions are «relevant and probative» when they concern a defendant's actions in the context of a securities fraud prosecution, including that of pharmaceutical executive Martin Shkreli, whom Agnifilo represented.

The release of such information may be in violation of the Data Protection Act 1998 and could result in criminal prosecution or a penalty of up to # 500,000.

The prosecution alleges that Mr. Silver steered state grants to mesothelioma research to Columbia University and New York Presbyterian Hospital in exchange for a doctor there, Dr. Robert Taub, referring patients to a law firm that sues on behalf of such patients, Weitz & Luxenberg, where Mr. Silver was of counsel and received lucrative payments for referring clients with asbestos cases.

The director of public prosecutions was instructed by the law lords to draw up guidelines indicating the various factors for and against prosecution in such cases.

Prosecution of Child Pornography — Vote Passed (368 - 51, 11 Not Voting) The bill would make the production of child pornography a crime whenever a minor is engaged in sexually explicit conduct, regardless of whether the conduct was initiated for the purposes of producing such content.

Their views on such matters as conviction rates and plea bargains reveal that Mr. Laquidara, who also has the Working Families Party and Green Party lines, has the right sensibility: He recognizes the need for aggressive prosecution of repeat offenders and those accused of violent crimes, but he also sees the need to exercise discretion in certain other cases, balancing justice with the office's limited resources and the need to prevent case backlogs.

There is no such title as crown prosecutor in Russia — the Crown Prosecution Service is a British term — but the equivalent in Russia is the prosecutor general of Russia.

Parameters such as the penalties size and prosecution costs can be varied in the model.

Ignoring the picture's preposterous premise that an expert witness for the prosecution would ever exhibit such sensitivity towards a defendant in a criminal case, the film nonetheless works because of the way in which two females manage to mind - meld and make peace on a middle ground.

(The press materials understandably keep mum about Basic Instinct but are not at all reluctant to describe the murder trial as «reminiscent of the romantic intrigue contained in such courtroom movie classics from the late 1950s as Billy Wilder's Witness for the Prosecution and Otto Preminger's Anatomy of a Murder,» politely admitting that Body of Evidence dutifully — if pointlessly — rips off both these very entertaining movies.)

As for the youth in Güzeltepe, their display of their rage on the street at small demonstrations deemed marginal by neighborhood residents and their subsequent retreats leads not only to the marginalization of youth in the eyes of the neighborhood, but also results in harsh prosecutions, jail sentences, or youth being wounded or even killed [21] by police bullets, since such demonstrations take place in a neighborhood under constant police surveillance.

Munley also ruled that the «threat of prosecution has a chilling effect on plaintiffs expressing themselves by appearing in photographs, even such innocent photographs as those in bathing suits.»

The commissioner may enter into deferred prosecution agreements in lieu of finding probable cause if, in his or her judgment, such agreements are in the best interests of the department, the certificateholder, and the public.

In addition to coverage for bodily injury or property damage, umbrella insurance also provides protection from certain lawsuits against you, such as slander, libel, false arrest, malicious prosecution, or mental anguish.

Must be a member of the uniformed services on active duty or absent from that duty due to sickness, wounds, leave, or other lawful cause; OR a U.S. citizen serving with a U.S. ally force in the prosecution of a war or military action, if such service is similar to «military service» as defined under the SCRA.

This spring, Barnett will develop a protocol for how future students can assist in the prosecution of such cases.

We prepare thorough case records of each incident, and encourage prosecution in court when the situation warrants such action.

If you commit any of the offences set out in sections 85 to 88 of the ECT Act, you shall, notwithstanding any criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by TravelGround.com due to or related to such offences.

Indeed the success of the Hudson River Fisherman's Association in finally finding a US Attorney willing to use the 1899 Refuse Act (a law rediscovered by Robert Boyle) to prosecute Hudson River polluters, and the spread of such prosecutions across the country produced a legal nightmare for industry which created the impetus for the Clean Water Act (1972) in the first place.

Hillary Clinton (who was then Secretary of State) demanded an investigation into it; a group of alarmist scientists wrote to President Obama demanding he launch a RICO prosecution of Exxon; two supposedly major journalistic exposes were published at Inside Climate News and the LA Times, then eagerly endorsed in such publications as Scientific American and the Guardian.

(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or to an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; [the law enforcement exemption]

Hillary Clinton (who was then Secretary of State) demanded an investigation into it; a group of alarmist scientists wrote to President Obama demanding he launch a RICO prosecution of Exxon; two supposedly major journalistic exposes were published at Inside Climate News and theLA Times, then eagerly endorsed in such publications as Scientific American and the Guardian.

Prosecution of petty misdemeanor cases such as curfew violations or turnstile jumping is robbing taxpayers of millions of dollars each year, concludes the National Association of Criminal Defense Lawyers in its latest report, «Minor Crimes, Massive Waste.»

Such officers are immune from prosecution for everything they do during their time in office.

For a start, some Parliaments (such as the British, Dutch, Irish and the Hungarian) raise the traditional argument that criminal investigations and prosecutions are primarily a matter of national sovereignty and that the establishment of a supranational EPPO would limit the national competence in a disproportionate way.

There is such a thing as a lawsuit for malicious prosecution, and there is such as thing as a lawsuit for a civil rights violation caused by bringing baseless charges, but in both circumstances one must demonstrate that the charges were brought without probable cause.

Secondly, while this legislation, by itself, won't directly impact spam sent from elsewhere in the world, by bringing our laws into rough agreement with the best legislation in the world (such as the EU and Australia), it provides a basic level of requirements of email sent by or to Canadians, and makes it possible for international reciprocal agreements on prosecution — the law has specific provisions for entering into international agreements.

Again, this applies at the inception of the private prosecution, where, for example, the defence might be able to demonstrate that the evidence in the information laid before the Magistrates Court has been obtained in breach of undertakings given in other legal proceedings, such that no summons or arrest warrant should be issued.

Our members supplement their litigation experience with up - to - date knowledge of the current trends in insurance fraud detection and prosecution areas by regularly attending and participating in seminars given by such educational agencies as the National Insurance Crime Bureau, International Association of Special Investigation Units and Certified Fraud Examiners.