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6 Jun 2024, 7:21 am by Michael Oykhman
Furthermore, a community-based sentence may be obtained even when the Crown is seeking jail time. [read post]
6 Jun 2024, 5:50 am by Michael Oykhman
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 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]
19 May 2024, 4:01 am by Administrator
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 by Matthias Weller
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]
30 Apr 2024, 8:37 am by Will Baude
I've benefited from much thoughtful commentary about last week's arguments in Trump v. [read post]
22 Apr 2024, 4:01 am by Deanne Sowter
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 by Michael Oykhman
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]
11 Apr 2024, 1:49 pm by Michael Oykhman
” 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]
8 Apr 2024, 4:00 am by Howard Friedman
Foran, Discrimination and Manifestation of Belief: Higgs v Farmor's School [2023] EAT 89, (Industrial Law Journal, Forthcoming).Jack M. [read post]