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24 Feb 2023, 12:10 pm by Michael Oykhman
Furthermore, R v Bender stated that an honest mistake on the time and date of the required attendance of the accused can negate the mens rea of the offence. [read post]
24 Feb 2023, 11:57 am by Michael Oykhman
Furthermore, the Crown only needs to provide circumstantial evidence of ownership (see: R v Bagshaw, 1971CanLII 13 (SCC), [1972] SCR 2). [read post]
5 Feb 2023, 1:20 am by Frank Cranmer
The ECtHR Grand Chamber judgment in Fedotova v Russia on the legal recognition of same-sex couples. [read post]
20 Jan 2023, 12:25 pm by Kayley McGrath
On January 12, 2023, Justice Ingrid Joseph, New York State Supreme Court, Kings County, dismissed a petition seeking to halt a residential development in Crown Heights, Brooklyn. [read post]
19 Jan 2023, 2:11 pm by Michael Oykhman
When SOIRA was initially passed, it contained two important safeguards for offenders: A sex offender would only be placed on the registry if the Crown prosecutor first chose to apply to the court for an order requiring the offender to comply with SOIRA. [read post]
19 Jan 2023, 1:58 pm by Michael Oykhman
R v SG stated that an invitation occurs when the accused asks for permission to touch the victim or if the accused asks the victim to touch the accused. [read post]
19 Jan 2023, 1:48 pm by Michael Oykhman
Criminal intimidation, under s.423(1), is a hybrid offence, where depending on the circumstances of your case, the Crown can elect to proceed either summarily or by indictment. [read post]
15 Jan 2023, 1:28 am by Frank Cranmer
David Torrance, House of Commons Library: The Crown and the constitution. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
I offer a couple of examples, written by Chief Justice Hughes (who was no slouch as a lawyer), out of many that could be deployed.[12]  Wood v. [read post]
9 Jan 2023, 5:31 am by Yuval Shany
On Dec. 13, 2022, the Israeli Supreme Court published a 51-page judgment in Kohelet Forum v. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
” I have no particular brief for high Federalists from New England, but I do wonder what we might think had Garrison actually been influential and several New England states accepted his view and tried to secede, say, after the Supreme Court’s decision in Prigg v. [read post]
5 Jan 2023, 11:38 am by Michael Oykhman
Lawful excuse As explicitly stated in section 127 itself, there is no offence where the accused has a lawful excuse to disobey the court order. [read post]