Search for: "State v. Crown"
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10 Oct 2022, 2:48 am
Surveillance Privacy advocates are worried about the use of surveillance technology to track women seeking abortions in US states that have banned and restricted the procedure following the Supreme Court decision which overturned Roe v Wade. [read post]
7 Oct 2022, 5:30 am
Princess Ingrid is first in line to succeed her father, Crown Prince Haakon, who himself will succeed his father, King Harald V. [read post]
5 Oct 2022, 4:00 am
The Crown has a duty to prove that offence beyond a reasonable doubt. [read post]
4 Oct 2022, 8:16 am
Additionally, where an accused knows about certain evidence and denies any knowledge, an intent to mislead is established (see: Farris v The Queen, 1965 CanII 201 (ONCA)) Furthermore, as per R v Prashad, 2004 CanLII 34382 (ONCA) the Crown does not need to prove that the accused lied about a matter which is actually fact, only that he gave evidence that he knew to be dishonest with an intent to mislead the court. [read post]
3 Oct 2022, 12:12 pm
Ofcom states that if competition concerns are identified, it could lead to further action. [read post]
29 Sep 2022, 12:41 pm
Guilty Mind (Mens rea) The mens rea that the Crown must prove, beyond a reasonable doubt, to secure a conviction of aggravated assault is: That there was objective foresight of bodily harm As seen in the case of R v Godin, [1994] 2 SCR 484 the mens rea for aggravated assault is objective foresight of bodily harm. [read post]
20 Sep 2022, 4:02 pm
As per Austin v The Queen, 1968 CanLii 94 (SCC), the Crown must prove this beyond a reasonable doubt. [read post]
12 Sep 2022, 10:50 am
This means that the Crown must prove all elements of the offence beyond a reasonable doubt for you to be convicted. [read post]
8 Sep 2022, 12:03 pm
However, as seen in the case of R v Goldson, 2021 ABCA 193, the Crown must file the certificate of the analyst to rely on this presumption of accuracy. [read post]
8 Sep 2022, 11:47 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]
8 Sep 2022, 11:30 am
This was described in the case of R v Sanaee, 2015 ABCA 224 which stated that there will be few if any, circumstances where one can rely on colour of right to defend against animal cruelty charges. [read post]
7 Sep 2022, 10:03 am
The Crown may also proceed with [read post]
6 Sep 2022, 1:57 pm
Reasonable Justification The Supreme Court in R v Natarelli,1967 CanLII 11 (SCC) indicated that the ultimate burden of persuasion is on the Crown to demonstrate beyond a reasonable doubt the absence of any reasonable justification or excuse. [read post]
6 Sep 2022, 1:57 pm
Reasonable Justification The Supreme Court in R v Natarelli,1967 CanLII 11 (SCC) indicated that the ultimate burden of persuasion is on the Crown to demonstrate beyond a reasonable doubt the absence of any reasonable justification or excuse. [read post]
4 Sep 2022, 4:15 pm
On 1 August 2022, judgment was handed down in Wright v McCormack [2022] EWHC 2068 (QB) by Chamberlain J. [read post]
25 Aug 2022, 10:44 am
The concept of colour of right is not set out in the Code, rather caselaw such as R v Dorosh, 2003 SKCA 134 describes it as “an honest belief in a state of facts, which if it actually existed would at law justify or excuse the act done. [read post]
23 Aug 2022, 9:41 am
The case of R v Kosikar,1999 CanLII 3755 (ON CA) provided guidance as to what the Crown must prove to in order to secure a conviction for criminal harassment. [read post]
18 Aug 2022, 5:43 am
More recently, in Hassen v. [read post]
17 Aug 2022, 7:21 am
Furthermore, a community-based sentence may be obtained even when the Crown is seeking jail time. [read post]
15 Aug 2022, 11:40 am
R v Ewanchuk [1999] 1 S.C.R 330 (‘Ewanchuk’) is a seminal case on a sexual assault which provides the elements that the Crown has to prove, beyond a reasonable doubt, to secure a conviction of sexual assault. [read post]
