Several prior California cases dealing with similar circumstances have hinged on the issue of foreseeability, in particular,
whether other criminal acts have occurred on the property or in the surrounding neighborhood.
Not exact matches
Generally speaking, the ECtHR considers that to assess the existence of a reasonable suspicion, it is necessary to check «
whether there are factual indications for suspecting that person of planning, committing or having committed
criminal acts or
other acts that may give rise to secret surveillance measures, such as, for example,
acts endangering national security» (para. 260 of the case Zakharov v. Russia).
According to the
Criminal Code, Fraud is committed when a person «by deceit, falsehood or
other fraudulent means,
whether or not it is a false pretence within the meaning of this
Act, defrauds the public or any person,
whether ascertained or not, of any property, money or valuable security or any service.»
Section 34 (2) of the
Criminal Code states that when the court is determining
whether or not an
act constituted self - defence they should consider the characteristics of the accused, the
other individual in the scenario and the circumstances surrounding the interaction.
If the case goes to court, in offences based on negligence, the court must determine
whether an individual
acted so carelessly or with such reckless disregard for the safety of
others as to deserve
criminal punishment.