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19 Apr 2024, 1:38 pm by Michael Oykhman
This was argued in R v Masich, in which it was stated that accused was invited into a residence, instead of breaking into it. [read post]
11 Apr 2024, 1:49 pm by Michael Oykhman
” In R v D(J) the court states that for the charge to be made out, the breach of peace must “flow from the manner in which possession of the real property is taken and not from subsequent events. [read post]
9 Apr 2024, 10:32 am
Existem diferentes áreas de produção, diferentes práticas institucionalizadas, diferentes discursos”.1 Consequentemente, “sua história não tem unidade”: “é uma cintilação em um campo de espaços institucionais”. [read post]
24 Mar 2024, 6:50 pm
The Court concluded there were extensive human rights violations and ordered the State to provide specialized medical assistance to the victims, pay compensation for both material losses and pain and suffering, and publicly acknowledge its wrongdoing. [read post]
21 Feb 2024, 9:01 pm by Samuel Estreicher and Klara Nedrelow
“It is not necessary, at this stage, to convincingly show the mens rea of genocide,” however, there must be sufficient evidence to demonstrate “that the acts complained of by the Applicant are, prima facie, capable of falling within the scope of the Genocide Convention. [read post]
5 Feb 2024, 1:30 pm by Michael Oykhman
Published Decisions R v Daoust, 2004 SCC 6 (CanLII) In this case, an undercover officer went to the accused’s store on four different occasions to sell goods which the officer hinted were stolen. [read post]
25 Jan 2024, 3:43 am by SHG
What if the crime lacked mens rea, or involved merely negligence? [read post]