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7 Jun 2024, 2:00 am
Connelly v. [read post]
6 Jun 2024, 7:21 am
Furthermore, a community-based sentence may be obtained even when the Crown is seeking jail time. [read post]
6 Jun 2024, 5:50 am
This means that the Crown must prove all elements of the offence beyond a reasonable doubt for you to be convicted. [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]
19 May 2024, 4:01 am
The Crown can then rebut this presumption for the purposes of the analysis under the curative proviso in s. 686(1)(b)(iv). [read post]
17 May 2024, 4:43 am
First, the UK Government has been exemplary in ensuring the “seamless continuity” of the HCCH 2005 Choice of Court Convention throughout the uncertainties of the whole withdrawal process, as evidenced by the UK’s declarations and Note Verbale to the depositary Kingdom of the Netherlands.[17] The same applies mutatis mutandis to the HCCH 1965 Service Convention, to which all EU Member States are parties, and the HCCH 1970 Evidence Convention, which has only been ratified so… [read post]
6 May 2024, 11:57 am
SCARFE J.P., R. v. [read post]
2 May 2024, 7:07 pm
United States, 62 F.4th 221 (6th Cir. 2023). [read post]
30 Apr 2024, 8:37 am
I've benefited from much thoughtful commentary about last week's arguments in Trump v. [read post]
22 Apr 2024, 4:01 am
The peace bond was stayed by the Crown after the Ministry of Children and Family Development (MCFD) investigated the matter and concluded there were no child protection concerns (BCCA at paras 29-31). [read post]
20 Apr 2024, 6:37 pm
-led wars in Iraq and Afghanistan had little justification in the internationallaw the United States claimed to be upholding, and the United States prosecuted the wars whileindifferent to the civilian casualties they imposed. [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
Lottery offences, specifically s. 206, 207, 207.1 and 209, are hybrid offences with a Crown election. [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
This is a defence that states that the accused was wrongfully convicted. [read post]
11 Apr 2024, 1:21 pm
This is a defence that states that the accused was wrongfully convicted. [read post]
8 Apr 2024, 2:43 pm
The peace bond was revoked by Crown counsel. [read post]
8 Apr 2024, 7:03 am
See, e.g., State v. [read post]
8 Apr 2024, 4:00 am
Foran, Discrimination and Manifestation of Belief: Higgs v Farmor's School [2023] EAT 89, (Industrial Law Journal, Forthcoming).Jack M. [read post]