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22 Nov 2022, 10:42 am by Michael Oykhman
R v Lawrence, 2002 ABPC 189 In this case, an undercover CPS officer drives down a street in downtow [read post]
20 Nov 2022, 4:00 am by Administrator
Criminal Law: Sentencing; Higher than Crown RecommendationR. v. [read post]
3 Nov 2022, 10:45 am by Mark Ashton
On June 24, 2022, the United States Supreme Court reversed its 1973 decision in Roe v. [read post]
31 Oct 2022, 10:32 am by Michael Oykhman
As indicated in the case of R v Smithers, 1977 CanLII 7 (SCC) the Crown must satisfy the court that the act you committed was a “contributing cause…outside the de minimus range”. [read post]
30 Oct 2022, 12:54 am by Frank Cranmer
Charles Moore, The Spectator: The personal faith of PMs: in brief, argues that the new PM, though a Hindu, should continue to advise the Crown on ecclesiastical appointments “so long as the C of E remains the church by law established”. [read post]
25 Oct 2022, 10:18 am by Michael Oykhman
Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time. [read post]
25 Oct 2022, 9:56 am by Michael Oykhman
For example, in the case R v MacDonald, the Supreme Court of Canada assigned no positive duty to the Crown to prove that a defendant understood his license and deliberately disobeyed it (see: R v MacDonald, 2014 SCC 3 (CanLII), [2014] 1 SCR 37). [read post]
24 Oct 2022, 11:12 pm by Jonathan Pyzer
” A successful conviction for dangerous driving will require that the Crown prosecutor demonstrate two elements. [read post]
24 Oct 2022, 6:09 am by John Coyle
Court of Appeals for the Second Circuit, Petróleos de Venezuela S.A. v. [read post]
24 Oct 2022, 4:47 am by Franklin C. McRoberts
” As best I can tell, there are now exactly seven appeals court decisions from three of the four Departments of the Appellate Division explicitly adopting this rule of construction of contract indemnification provisions to cover intra-party disputes unless otherwise specified in the agreement: In re Part 60 RMBS Put – Back Litig.WSA Group, PE., PC v DKI Eng’g & Consulting USA PC (178 AD3d 1320 [3d Dept 2019])Crown Wisteria, Inc. v Cibani (178… [read post]
19 Oct 2022, 4:00 am by Administrator
R v Royal, 2022 ABCA 330 (CanLII) [12] Accordingly, when the Crown took charge of the matter at that point, the matter should have been brought to a superior court judge, not to another provincial court judge. [read post]
16 Oct 2022, 4:10 pm by INFORRM
Last Week in the Courts On 10 October 2022, judgment was handed down in Driver v Crown Prosecution Service [2022] EWHC 2500 (KB). [read post]
15 Oct 2022, 4:41 pm by INFORRM
At last count, the backlog of cases facing the Crown Court hit 59,687, according to Ministry of Justice data released in September 2022. [read post]
11 Oct 2022, 9:22 am by David Kopel
That article is cited in the Justice Gorsuch's dissent in Oklahoma v. [read post]
10 Oct 2022, 4:34 am by Franklin C. McRoberts
” For example, in Fiore v Oakwood Plaza Shopping Ctr., Inc. (164 AD2d 737 [1st Dept 1991], affd 78 NY2d 572 [1991]), the Court ruled that an out-of-state judgment by confession is entitled to accelerated treatment under CPLR 3213. [read post]