Search for: "Rea v. State"
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6 Jun 2024, 2:06 pm
(People v. [read post]
6 Jun 2024, 7:21 am
No Mens Rea/Actus Reus If you can successfully challenge the mental or physical elements of voyeurism, you cannot be convicted. [read post]
6 Jun 2024, 5:50 am
The Guilty Mind (Mens Rea) In addition to the actus reus, the Crown must also prove beyond a reasonable doubt the mental elements of the offence including: You intended to make, download, view, or export child pornography; or You knew or were wilfully blind as to the content of the material. [read post]
4 Jun 2024, 3:47 am
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]
30 May 2024, 10:03 am
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]
21 May 2024, 8:17 am
Under Illinois v. [read post]
16 May 2024, 10:30 pm
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]
15 May 2024, 4:05 pm
This past summer, in Counterman v. [read post]
14 May 2024, 8:56 am
State v. [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]
1 May 2024, 1:18 pm
Hart v. [read post]
19 Apr 2024, 1:38 pm
This was argued in R v Masich, in which it was stated that accused was invited into a residence, instead of breaking into it. [read post]
19 Apr 2024, 11:35 am
Mens rea is defined as the [read post]
18 Apr 2024, 7:31 am
That is, the entire record is open for review ( State Comp. [read post]
17 Apr 2024, 5:11 am
From yesterday's argument in Fischer v. [read post]
15 Apr 2024, 7:05 pm
I attended oral arguments in the case Snyder v. [read post]
11 Apr 2024, 1:55 pm
In R. v. [read post]
11 Apr 2024, 1:49 pm
” In R v D(J) the court states that for the charge to be made out, the breach of peace must “flow from the manner in which possession of the real property is taken and not from subsequent events. [read post]
11 Apr 2024, 1:30 pm
Mens rea is defined as the knowledge or intention of committing the crime. [read post]
11 Apr 2024, 1:21 pm
This is a defence that states that the accused was wrongfully convicted. [read post]