It is very important in these cases to get expert legal advice right from the start. Often the whole case will come down to one person’s word against the other. One area that can greatly affect the outcome of the case is the provision of a robust defence statement which gives an overvi...
For example: A negligence claim might begin with a statement that the defendant owed a duty of care to the plaintiff; that the defendant breached that duty; and that, as a result, the plaintiff suffered injuries or other damages. The conclusion then states that because the defendant's breach...
3 In court, Mr Geffroy, who is the defendant in the criminal proceedings, pleaded in his defence, as to the lack of labelling in French: that the Coca-Cola drinks had been bought in Great Britain; that this was a well-known product; that the consumer could not consider himself inconvenie...
example, criminal contempt occurs when a witness or spectator shouts or insults the judge during a trial. A civil contempt usually is a violation of the rights of one person, whereas a criminal contempt is an offense against society. Courts use civil contempt as a coercive power, wielding it...
be suppressed, if one is to avoid damage to self or another. When an actual secret is recognized it is necessary to consider whether the damage is greater through keeping or through revealing the secret. If it is still possible, it is well to let the secret...
Dusko Tadic (Decision on the defence motion for interlocutory appeal on jurisdiction) para 81. [49] Elements of Crimes, International Criminal Court 9 September 2002. 13 FN 33 [50] E. Van Sliedregt, Individual criminal responsibility in international law, Oxford Oxford University Press, 2012, ...
consequences of facts (“DPP v Morgan”) Intent and motive The general rule is that motive is irrelevant to criminal liability; however, there are some exceptions in statutory offences and common law (self-defence; motive of killing suffering loved one; p...
Sentencing Advisory Council, like other similar studies, has found that, when members of the public were given more complete information about all the facts of a case, sometimes there was a “strong mitigating effect on severity”, for example, in instances of young ...
In the first place, the necessity is generally recognised of abandoning the old arbitrary and algebraic type in favour of a classification which shall correspond more accurately with the facts of the case. This classification, originating in observations made within the prison walls, I have extended...
For example, in the United States, prosecutors are empowered to bargain with defence lawyers regarding a guilty plea, which generally means accepting a plea of guilty to a lesser charge in exchange for a recommendation of leniency; prosecutors are responsible for organizing and presenting evidence ...