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30 May 2024, 1:52 pm
And did the defendant have the requisite mens rea for a murder conviction? [read post]
While the defense argued that the defendants were not guilty of subversion as subverting state power involves the use or threat of force, the court referenced HKSAR v. [read post]
16 May 2024, 10:30 pm by Michael Chatzipanagiotis
In its judgment in C-173/23 Eventmedia Soluciones SL v Air Europa Líneas Aéreas SAU ECLI:EU:C:2024:295 (Judgment), the European Court of Justice (ECJ) ruled on some aspects of the duty of national courts to assess of their own motion the unfairness of contractual terms in the context of air carriage under the 1999 Montreal Convention on the liability of the international air carrier (MC99). [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]
19 Apr 2024, 1:07 pm by Michael Oykhman
The Guilty Mind (Mens Rea) The mens rea for a possession of an unauthorized firearm charge under s. 92 include proving, beyond a reasonable doubt, that:   The accused knew or was wilfully blind to the fact that they were not a holder of a license or registration for the firearm they possessed. [read post]