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7 Jun 2024, 5:11 am by Michael Oykhman
Examples of acts which have, in the past, met the actus reus standard for a section 86 offence include: Storing a firearm in a glovebox (see: R v Patrick, 2007 CanLII 7579 (ONSC)) Storing a firearm in a dresser (see: R v McDonald, 2016 BCSC 1648 (CanLII)) Storing a firearm by a furnace (see: R v Roussel, 2014 ABQB 202 (CanLII)) The Guilty Mind (Mens Rea) The mens rea or the guilty mind speaks to the accused’s degree of intent during the… [read post]
7 Jun 2024, 4:20 am by Jonathan Santman (Brinkhof)
The court dismisses this request because it regards R. 158 RoP only applicable in main proceedings. [read post]
6 Jun 2024, 7:21 am by Michael Oykhman
Regarding a reasonable expectation of privacy, a recent decision by the Supreme Court of Canada in R v Jarvis, 2019 SCC 10 noted that people have a reasonable expectation of privacy in an area, location or circumstance if the person does not expect to be secretly recorded or observed. [read post]
6 Jun 2024, 5:50 am by Michael Oykhman
Call Now 1-866-939-5940Overview of the Offence The relevant provision for child pornography in the Code is 163.1 (1): 163.1 (1) In this section, child pornography means (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or (ii) the… [read post]
6 Jun 2024, 5:27 am by Michael Oykhman
This was discussed in the case of R v McSween (2020), ONCA 343 (CanLII). [read post]
4 Jun 2024, 3:47 am by Michael Oykhman
The case of R v ML, 2021 NBCA 27 also stated that the actus reus is made out where a “reasonable person aware of the circumstances would perceive the words as a threat of death or bodily harm”. [read post]
28 May 2024, 11:42 am by Giles Peaker
Mr C’s position was that of a person in ‘accommodation plus’ need, as per R (Aburas) v London Borough of Southwark (2019) EWHC 2754 (Admin). [read post]
28 May 2024, 11:38 am by INFORRM
On 21 May 2024, judgment was handed down in R (On the application of National Council for Civil Liberties) v Secretary of State for the Home Department [2024] EWHC 1181 (Admin). [read post]
25 May 2024, 8:50 am by Russell Knight
R. 218(c)(emphasis mine) What Happens If Witnesses Are Not Disclosed In An Illinois Divorce Hearing Or Trial? [read post]
21 May 2024, 9:01 pm by renholding
Retirement Investors For purposes of the new test, the Final Rule has added a new definition for the recipients of investment advice: Term Definition Retirement Investor a plan, plan participant or beneficiary, IRA, IRA owner or beneficiary, plan fiduciary within the meaning of ERISA section (3)(21)(A)(i) or (iii) Code section 4975(e)(3)(A) or (C) with respect to the plan, or an IRA fiduciary within the meaning of Code section 4975(e)(3)(A) or (C) with respect to the IRA. [read post]
19 May 2024, 4:01 am by Administrator
Criminal Law: Language RightsR. v. [read post]
19 May 2024, 12:25 am by Frank Cranmer
: on R (TTT) v Michaela Community Schools Trust [2024] EWHC 843 (Admin). [read post]
17 May 2024, 4:43 am by Matthias Weller
by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. [read post]