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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]
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
Accessing child pornography (4.1) Every person who accesses any child pornography is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months. [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]