Search for: "Rea v. Rea" Results 181 - 200 of 2,762
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24 Feb 2023, 11:57 am by Michael Oykhman
Mens Rea (The Guilty Mind) In addition to demonstrating the actus reus, the Crown must also prove the mens rea standard or requisite mental element of the offence. [read post]
16 Feb 2023, 11:03 am by Michael Oykhman
Additionally, R v Seymour held that where an accused is unwilfully intoxicated, they may not require the necessary mens rea for knowingly escaping lawful custody. [read post]
16 Feb 2023, 10:34 am by Michael Oykhman
R v Powderface, 2021 ABPC 34 This case was the trial of Powderface for six counts relating to shooting and possession of firearms. [read post]
6 Feb 2023, 11:19 am by José Guillermo
por la sencilla razón que los humanos no podemos compararnos  ni de lejos CON DIOS.SI PODEMOS, al NO ESTAR PROHIBIDA LA FORMACIÓN DE UNA ASAMBLEA CONSTITUYENTE y siendo QUE EL PUEBLO SOBERANO PUEDE DISPONER, VÍA REFERENDUM QUE SE SOMETA  AL JUICIO ALDEANO si podemos o no constituir UNA ASAMBLEA CONSTITUYENTE, resulta una vergonzosa maniobra decir que para llevarla a cabo se requiere modificar la Constitución, ¡¡¡¡¡que van a… [read post]
3 Feb 2023, 6:50 am by Dennis Crouch
  The question is whether his intent (mens rea) matters, or can he be convicted based only upon the reasonably perceived threat of the recipient.). [read post]
25 Jan 2023, 12:59 am by Florian Mueller
By coincidence, that was the day the United States Department of Justice and eight state AGs filed a second Unite States et al. v. [read post]
19 Jan 2023, 1:58 pm by Michael Oykhman
R v Fong held that indirect touching by the accused includes having a child hold a tissue that contains ejaculate. [read post]
19 Jan 2023, 1:48 pm by Michael Oykhman
However, some defences might include: Having a reasonable justification or excuse; A mistake of fact; and The elements are not made out (no actus reus, no mens rea) An applicable Charter defence Punishment The Crown’s choice to proceed either by indictment or summarily will impact the severity of the punishment. [read post]
19 Jan 2023, 1:27 pm by Michael Oykhman
The mens rea that the crown must prove, beyond a reasonable doubt, to convict you of public incitement of hatred under s.319 (2) of the Criminal Code is that: You wilfully promoted hatred For offences under s.319(2) of the Criminal Code the minimum mens rea requirement is wilful blindness and not mere recklessness. [read post]
19 Jan 2023, 1:11 pm 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 argued… [read post]
15 Jan 2023, 6:33 pm
Pix Credit HEREThe state of the economic stability in Cuba has been very much in the news since the effects of the COVID pandemic, combined with geopolitical challenges, have pushed the Cuban economy to a crisis that comes close to matching that when its subsidies disappeared with the collapse of the Soviet Union. [read post]
13 Jan 2023, 2:07 pm by Eugene Volokh
In 2015, people anticipated that the Court would consider the question in Elonis v. [read post]