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10 May 2023, 5:28 am by The Perazzo Law Firm, P.A.
Nuestros pensamientos y oraciones están con las familias de las víctimas fallecidas luego de este trágico accidente en la SR-60 en el condado de Polk, Florida. [read post]
5 May 2023, 11:38 am by Michael Oykhman
The Guilty Act (Actus Reus) The actus reus for the offence of production of a controlled substances is established by proof, beyond a reasonable doubt, of the following: The accused possess the materials and/or chemicals which are the required ingredients to produce the controlled substance And; Produced that substance, by manufacturing, synthesizing, or using any means of altering the chemical or physical properties of the substance The Guilty Mind (Mens Rea) The mens rea for… [read post]
18 Apr 2023, 4:00 am by Eric Segall
 By Eric SegallTomorrow the Supreme Court hears oral arguments in Counterman v. [read post]
4 Apr 2023, 5:41 pm
 A Seqüência Estudos Jurídicos e Políticos, Revista Qualis A1 na área do Direito e editada desde 1980 pelo Programa de Pós-Graduação Stricto Sensu em Direito da Universidade Federal de Santa Catarina (PPGD/UFSC), tem como objetivo central a divulgação acadêmica de temáticas que ofereçam uma abordagem marcadamente a partir do viés da teoria crítica do Direito e/ou das diferentes… [read post]
1 Apr 2023, 6:35 am by Marc DeGirolami
I have found that a good meme can do as much to make, say, Marbury v. [read post]
30 Mar 2023, 4:05 pm
Now, the greater mens rea might still constitute a "lesser" offense, since if you have the higher mens rea you necessarily also violate the strict liability offense that requires no such showing. [read post]
22 Mar 2023, 1:21 pm by Michael Oykhman
For example, to prove aggravated trafficking in young persons under s. 279.011(1)(a), the Crown would need to prove the following: The underlying elements of s. 279.01 That the victim was under the age of 18 when the accused committed the offense The accused knew, was reckless or willfully blind to that fact The accused either kidnaps the victim, commits an aggravated assault or aggravated sexual assault against the victim, or causes the victim’s death The act occurs during the commission of… [read post]
22 Mar 2023, 12:33 pm by Michael Oykhman
This was supported in precedent in the decision R v Ramzy 2014 ONCJ 30 (CanLii), where, if a public officer was directed by a supervising public officer [read post]
20 Mar 2023, 11:20 am by Michael Oykhman
R v Woodward held that texting with a cell phone classifies as communicating “by means of a computer system” within the meaning of s. 342.1(2) The Guilty Mind (Mens Rea) The mens rea for an unauthorized use of a computer charge under s. 342.1 include proving, beyond a reasonable doubt, that: Fraudulently obtaining computer services s. 342.1(1)(a) The accused knowingly obtained the computer service fraudulently; and A reasonable person in the same circumstances… [read post]
20 Mar 2023, 11:10 am by Michael Oykhman
As for any criminal conviction, the Crown must prove both the actus reus and the mens rea of the offence for an accused to be found guilty. [read post]