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14 Jun 2024, 4:27 am by Katitza Rodriguez
And we recommended explicitly exempting good-faith security research and investigative journalism on issues of public interest from criminal liability. [read post]
4 Jun 2024, 3:47 am by Michael Oykhman
Defences A good defence to a charge of uttering threats will depend on the individual circumstances of your case. [read post]
7 May 2024, 10:44 am
It's notoriously difficult to explain the different types of mens rea requirements imposed by criminal laws to first-year law students. [read post]
19 Apr 2024, 1:32 pm by Michael Oykhman
The Guilty Mind (Mens Rea) The mens rea for a procuring identity documents charge under s. 56.1(1) include proving, beyond a reasonable doubt, that: The accused procures identity documents that they had knowledge and control of, knowing that the documents relate to, or purport to relate, in whole or in part, to another person. [read post]
6 Mar 2024, 9:37 am by Eric Goldman
” These concepts of scienter imputed into direct infringement are perilous because they seemingly conflate mens rea with an actus reus. [read post]
5 Feb 2024, 1:30 pm by Michael Oykhman
Published Decisions R v Daoust, 2004 SCC 6 (CanLII) In this case, an undercover officer went to the accused’s store on four different occasions to sell goods which the officer hinted were stolen. [read post]