The Police and Criminal Evidence Act, 1984

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Statements are admitted at times as "words brigaded to action". [2] Requirements to the exception usually include: [3] ↑ See R. v. No one shall be compelled to produce documents in his possession which any other person would be entitled to refuse to produce if they were in his possession, unless such last mentioned person consents to their production.. Very simply, the present system depends on the police working with a prosecutor. California Evidence Code section 352 also allows for exclusion to avoid "substantial danger of undue prejudice."

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A treatise on the law of evidence Volume 3

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However, such occurrence should go to the weight. [1] What would be called "generic similarities" are to be given less consideration. The statement as a fact in issue: Where the making of a statement is, itself, a fact in issue, the statement will be admissible to show that it was made, but it will remain inadmissible as to the truth of its contents. The judge presiding at the trial may not testify in that trial as a witness.

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Assessing Systematic Evidence in Crime and Justice:

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As we dive deeper into the study of criminal profiling we began to see that in order to understand criminal behavior we also need to understand the victim and why he/she was victiminized. Nigro Law Firm LLC – Kansas City Criminal Defense Attorney. If so, take UOW's LLM Criminal Practice journey. In short, just as DNA testing, the most important technological breakthrough of twentieth century forensic science, demonstrates that the problem of wrongful convictions in America is systemic and serious, Congress and the President, in our view, have eviscerated the "great writ" that for two centuries provided relief to those who were unjustly convicted.

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Legal aspects of criminal evidence

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And although Zimmerman's ultimate conclusions regarding the deterrent effect of capital punishment are not fundamentally different from Donohue's and Wolfers', the latter authors' comprehensive review of recent death penalty studies (as well as their admonishments concerning the use of potentially fragile empirical models to inform policy decisions) marks their paper as an important contribution to the literature. He reasoned that the constitution of a state should stand in the supreme position atop this hierarchical structure. 29 Id.

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Criminal Evidence for Police

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Section 39-14-903 of the Tennessee Code makes it an offense to knowingly: (a) use, conspire to use or attempt to use proceeds derived directly or indirectly from a specified unlawful activity to conduct or attempt to conduct a financial transaction or make other disposition with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds. (b) use proceeds derived directly or indirectly from a specified unlawful activity with the intent to promote, in whole or in part, the carrying on of a specified unlawful activity. (c) conduct, conspire to conduct, or attempt to conduct a financial transaction or make other disposition involving property or proceeds represented by a law enforcement officer, or by another at the direction of a law enforcement officer, to be the property or proceeds derived from a specified unlawful activity with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds or with the intent to promote the carrying on of a specified unlawful activity.

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Risk Aversion, Risk Management, and the "Overpreservation"

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Everyone has an iPhone and is usually accessible via e-mail even in the . Control-Oriented Force – used to describe physically aggressive behavior that is intended to restrict victim movements. 6. They also were quite sure Mexican lawyers would not be permitted to appeal to underlying values, or use analogies to argue the inferences on closing. 11See id. The police had reason to believe that this bullet would be important piece of evidence to link accused with the crime.

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Evidence (2001 Supplement)

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As a result of this case, the legislature enacted Penal Code section 1026.5. The trial court held that the search of the accused was unlawful. the broad test that the court laid down in applying this provision (would the admission of the evidence put the admin of justice in disrepute?) must be considered from the perspective of a reasonable man. Rhetorical principles teach that advocacy occupies the heart of anyone trying to persuade another to a particular cause or point of view and forms the foundation of what it means to be a good citizen.

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The Genetic Imaginary: DNA in the Canadian Criminal Justice

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Period for which appearance notice, etc., continues in force (2) Subject to Part XVI, where an accused who has not been taken into custody or who has been released from custody under or by virtue of any provision of Part XVI pleads guilty of or is found guilty of an offence but is not convicted, the appearance notice, promise to appear, summons, undertaking or recognizance issued to or given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition. (3) Where a court directs under subsection (1) that an offender be discharged of an offence, the offender shall be deemed not to have been convicted of the offence except that (a) the offender may appeal from the determination of guilt as if it were a conviction in respect of the offence; (b) the Attorney General and, in the case of summary conviction proceedings, the informant or the informant’s agent may appeal from the decision of the court not to convict the offender of the offence as if that decision were a judgment or verdict of acquittal of the offence or a dismissal of the information against the offender; and (c) the offender may plead autrefois convict in respect of any subsequent charge relating to the offence. (4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged. 731 (1) Where a person is convicted of an offence, a court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, (a) if no minimum punishment is prescribed by law, suspend the passing of sentence and direct that the offender be released on the conditions prescribed in a probation order; or (b) in addition to fining or sentencing the offender to imprisonment for a term not exceeding two years, direct that the offender comply with the conditions prescribed in a probation order. 731.1 (1) Before making a probation order, the court shall consider whether section 109 or 110 is applicable. 732 (1) Where the court imposes a sentence of imprisonment of ninety days or less on an offender convicted of an offence, whether in default of payment of a fine or otherwise, the court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order (a) that the sentence be served intermittently at such times as are specified in the order; and (b) that the offender comply with the conditions prescribed in a probation order when not in confinement during the period that the sentence is being served and, if the court so orders, on release from prison after completing the intermittent sentence. (2) An offender who is ordered to serve a sentence of imprisonment intermittently may, on giving notice to the prosecutor, apply to the court that imposed the sentence to allow it to be served on consecutive days. (3) Where a court imposes a sentence of imprisonment on a person who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence shall be served on consecutive days unless the court otherwise orders. (d) respecting any other matters relating to the samples of bodily substances. 732.11 (1) No person shall use a bodily substance provided under a probation order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance. (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a probation order. (3) The results of the analysis of a bodily substance provided under a probation order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 733.1 or, if the results are made anonymous, for statistical or other research purposes. (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction. (a) on the date on which the order is made; (b) where the offender is sentenced to imprisonment under paragraph 731(1) (b) or was previously sentenced to imprisonment for another offence, as soon as the offender is released from prison or, if released from prison on conditional release, at the expiration of the sentence of imprisonment; or (c) where the offender is under a conditional sentence order, at the expiration of the conditional sentence order. (a) where an offender who is bound by a probation order is convicted of an offence, including an offence under section 733.1, or is imprisoned under paragraph 731(1) (b) in default of payment of a fine, the order continues in force except in so far as the sentence renders it impossible for the offender for the time being to comply with the order; and (b) no probation order shall continue in force for more than three years after the date on which the order came into force. (3) A court that makes a probation order may at any time, on application by the offender, the probation officer or the prosecutor, require the offender to appear before it and, after hearing the offender and one or both of the probation officer and the prosecutor, (a) make any changes to the optional conditions that in the opinion of the court are rendered desirable by a change in the circumstances since those conditions were prescribed, (b) relieve the offender, either absolutely or on such terms or for such period as the court deems desirable, of compliance with any optional condition, or (c) decrease the period for which the probation order is to remain in force, and the court shall thereupon endorse the probation order accordingly and, if it changes the optional conditions, inform the offender of its action and give the offender a copy of the order so endorsed. (4) All the functions of the court under subsection (3) may be exercised in chambers. (5) Where an offender who is bound by a probation order is convicted of an offence, including an offence under section 733.1, and (a) the time within which an appeal may be taken against that conviction has expired and the offender has not taken an appeal, (b) the offender has taken an appeal against that conviction and the appeal has been dismissed, or (c) the offender has given written notice to the court that convicted the offender that the offender elects not to appeal the conviction or has abandoned the appeal, as the case may be, in addition to any punishment that may be imposed for that offence, the court that made the probation order may, on application by the prosecutor, require the offender to appear before it and, after hearing the prosecutor and the offender, (d) where the probation order was made under paragraph 731(1) (a), revoke the order and impose any sentence that could have been imposed if the passing of sentence had not been suspended, or (e) make such changes to the optional conditions as the court deems desirable, or extend the period for which the order is to remain in force for such period, not exceeding one year, as the court deems desirable, and the court shall thereupon endorse the probation order accordingly and, if it changes the optional conditions or extends the period for which the order is to remain in force, inform the offender of its action and give the offender a copy of the order so endorsed. (6) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under subsections (3) and (5). 733 (1) Where an offender who is bound by a probation order becomes a resident of, or is convicted or discharged under section 730 of an offence including an offence under section 733.1 in, a territorial division other than the territorial division where the order was made, on the application of a probation officer, the court that made the order may, subject to subsection (1.1), transfer the order to a court in that other territorial division that would, having regard to the mode of trial of the offender, have had jurisdiction to make the order in that other territorial division if the offender had been tried and convicted there of the offence in respect of which the order was made, and the order may thereafter be dealt with and enforced by the court to which it is so transferred in all respects as if that court had made the order. (a) the consent of the Attorney General of the province in which the probation order was made, if the two territorial divisions are not in the same province; or (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the probation order were instituted by or on behalf of the Attorney General of Canada. (2) Where a court that has made a probation order or to which a probation order has been transferred pursuant to subsection (1) is for any reason unable to act, the powers of that court in relation to the probation order may be exercised by any other court that has equivalent jurisdiction in the same province. 733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months, or to a fine of not more than $5000, or to both. (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province. 734 (1) Subject to subsection (2), a court that convicts a person, other than an organization, of an offence may fine the offender by making an order under section 734.1 (a) if the punishment for the offence does not include a minimum term of imprisonment, in addition to or in lieu of any other sanction that the court is authorized to impose; or (b) if the punishment for the offence includes a minimum term of imprisonment, in addition to any other sanction that the court is required or authorized to impose. (2) Except when the punishment for an offence includes a minimum fine or a fine is imposed in lieu of a forfeiture order, a court may fine an offender under this section only if the court is satisfied that the offender is able to pay the fine or discharge it under section 736. (4) Where an offender is fined under this section, a term of imprisonment, determined in accordance with subsection (5), shall be deemed to be imposed in default of payment of the fine. (a) the number of days that corresponds to a fraction, rounded down to the nearest whole number, of which (i) the numerator is the unpaid amount of the fine plus the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection (7), and (ii) the denominator is equal to eight times the provincial minimum hourly wage, at the time of default, in the province in which the fine was imposed, and (b) the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or six months in the case of a summary conviction offence. (6) All or any part of a fine imposed under this section may be taken out of moneys found in the possession of the offender at the time of the arrest of the offender if the court making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs. (8) This section and sections 734.1 to 734.8 and 736 apply to a fine imposed under any Act of Parliament, except that subsections (4) and (5) do not apply if the term of imprisonment in default of payment of the fine provided for in that Act or regulation is (a) calculated by a different method; or (b) specified, either as a minimum or a maximum. (a) the amount of the fine; (b) the manner in which the fine is to be paid; (c) the time or times by which the fine, or any portion thereof, must be paid; and (d) such other terms respecting the payment of the fine as the court deems appropriate. (b) explain the substance of sections 734 to 734.8 and 736 to the offender; (c) cause an explanation to be given to the offender of the procedure for applying under section 734.3 for a change to the optional conditions and of any available fine option programs referred to in section 736 as well as the procedure to apply for admission to them; and (d) take reasonable measures to ensure that the offender understands the order and the explanations. (2) For greater certainty, a failure to comply with subsection (1) does not affect the validity of the order. 734.3 A court that makes an order under section 734.1, or a person designated either by name or by title of office by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482 or 482.1, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed under this section. 734.4 (1) Where a fine or forfeiture is imposed or a recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds thereof, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the recognizance was forfeited, and shall be paid by the person who receives them to the treasurer of that province. (i) in respect of a contravention of a revenue law of Canada, (ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or (iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution, or (b) a recognizance in connection with proceedings mentioned in paragraph (a) is forfeited, the proceeds of the fine, forfeiture or recognizance belong to Her Majesty in right of Canada and shall be paid by the person who receives them to the Receiver General. (3) Where a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which a recognizance is forfeited, (a) the lieutenant governor in council of a province may direct that the proceeds of a fine, forfeiture or recognizance that belongs to Her Majesty in right of the province shall be paid to that authority; and (b) the Governor in Council may direct that the proceeds of a fine, forfeiture or recognizance that belongs to Her Majesty in right of Canada shall be paid to that authority. 734.5 If an offender is in default of payment of a fine, (a) where the proceeds of the fine belong to Her Majesty in right of a province by virtue of subsection 734.4(1), the person responsible, by or under an Act of the legislature of the province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender; or (b) where the proceeds of the fine belong to Her Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of Parliament, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender. (a) an offender is in default of payment of a fine, or (b) a forfeiture imposed by law is not paid as required by the order imposing it, then, in addition to any other method provided by law for recovering the fine or forfeiture, (c) the Attorney General of the province to whom the proceeds of the fine or forfeiture belong, or (d) the Attorney General of Canada, where the proceeds of the fine or forfeiture belong to Her Majesty in right of Canada, may, by filing the order, enter as a judgment the amount of the fine or forfeiture, and costs, if any, in any civil court in Canada that has jurisdiction to enter a judgment for that amount. (2) An order that is entered as a judgment under this section is enforceable in the same manner as if it were a judgment obtained by the Attorney General of the province or the Attorney General of Canada, as the case may be, in civil proceedings. 734.7 (1) Where time has been allowed for payment of a fine, the court shall not issue a warrant of committal in default of payment of the fine (a) until the expiration of the time allowed for payment of the fine in full; and (i) that the mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or (ii) that the offender has, without reasonable excuse, refused to pay the fine or discharge it under section 736. (2) Where no time has been allowed for payment of a fine and a warrant committing the offender to prison for default of payment of the fine is issued, the court shall state in the warrant the reason for immediate committal. (3) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under paragraph (1)(b). (4) The imprisonment of an offender for default of payment of a fine terminates the operation of sections 734.5 and 734.6 in relation to that fine. (b) the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection 734(7). (2) The term of imprisonment in default of payment of a fine shall, on payment of a part of the penalty, whether the payment was made before or after the execution of a warrant of committal, be reduced by the number of days that bears the same proportion to the number of days in the term as the part paid bears to the total penalty. (3) No amount offered in part payment of a penalty shall be accepted after the execution of a warrant of committal unless it is sufficient to secure a reduction of sentence of one day, or a whole number multiple of one day, and no part payment shall be accepted until any fee that is payable in respect of the warrant or its execution has been paid. (4) Payment may be made under this section to the person that the Attorney General directs or, if the offender is imprisoned, to the person who has lawful custody of the prisoner or to any other person that the Attorney General directs. (5) A payment under this section shall be applied firstly to the payment in full of costs and charges, secondly to the payment in full of any victim surcharge imposed under section 737, and then to payment of any part of the fine that remains unpaid. 735 (1) An organization that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as punishment for that offence, to be fined in an amount, except where otherwise provided by law, (a) that is in the discretion of the court, where the offence is an indictable offence; or (b) not exceeding one hundred thousand dollars, where the offence is a summary conviction offence. (a) the amount of the fine; (b) the manner in which the fine is to be paid; (c) the time or times by which the fine, or any portion of it, must be paid; and (d) any other terms respecting the payment of the fine that the court deems appropriate. (2) Section 734.6 applies, with any modifications that are required, when an organization fails to pay the fine in accordance with the terms of the order. 736 (1) An offender who is fined under section 734 may, whether or not the offender is serving a term of imprisonment imposed in default of payment of the fine, discharge the fine in whole or in part by earning credits for work performed during a period not greater than two years in a program established for that purpose by the lieutenant governor in council (a) of the province in which the fine was imposed, or (b) of the province in which the offender resides, where an appropriate agreement is in effect between the government of that province and the government of the province in which the fine was imposed, if the offender is admissible to such a program. (2) A program referred to in subsection (1) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine and any other matters necessary for or incidental to carrying out the program. (3) Credits earned for work performed as provided by subsection (1) shall, for the purposes of this Act, be deemed to be payment in respect of a fine. (4) Where, by virtue of subsection 734.4(2), the proceeds of a fine belong to Her Majesty in right of Canada, an offender may discharge the fine in whole or in part in a fine option program of a province pursuant to subsection (1), where an appropriate agreement is in effect between the government of the province and the Government of Canada. 737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act or the (a) the amount of the victim surcharge; (b) the manner in which the victim surcharge is to be paid; (c) the time by which the victim surcharge must be paid; and (9) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under subsection (1) and, in particular, 737.1 (1) If an offender is convicted or is discharged under section 730 of an offence, the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall consider making a restitution order under section 738 or 739. (2) As soon as feasible after a finding of guilt and in any event before imposing the sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable. (3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court is satisfied that the adjournment would not interfere with the proper administration of justice. (4) Victims and other persons may indicate whether they are seeking restitution by completing Form 34.1 in Part XXVIII or a form approved for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction or by using any other method approved by the court, and, if they are seeking restitution, shall establish their losses and damages, the amount of which must be readily ascertainable, in the same manner. (5) If a victim seeks restitution and the court does not make a restitution order, it shall include in the record a statement of the court’s reasons for not doing so. 738 (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows: (a) in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, where the amount is readily ascertainable; (b) in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable; (c) in the case of bodily harm or threat of bodily harm to the offender’s spouse or common-law partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the spouse or common-law partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable; (d) in the case of an offence under section 402.2 or 403, by paying to a person who, as a result of the offence, incurs expenses to re-establish their identity, including expenses to replace their identity documents and to correct their credit history and credit rating, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable; and (e) in the case of an offence under subsection 162.1(1), by paying to a person who, as a result of the offence, incurs expenses to remove the intimate image from the Internet or other digital network, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable. (2) The lieutenant governor in council of a province may make regulations precluding the inclusion of provisions on enforcement of restitution orders as an optional condition of a probation order or of a conditional sentence order. (a) any property obtained as a result of the commission of the offence has been conveyed or transferred for valuable consideration to a person acting in good faith and without notice, or (b) the offender has borrowed money on the security of that property from a person acting in good faith and without notice, the court may, where that property has been returned to the lawful owner or the person who had lawful possession of that property at the time the offence was committed, order the offender to pay as restitution to the person referred to in paragraph (a) or (b) an amount not exceeding the amount of consideration for that property or the total amount outstanding in respect of the loan, as the case may be. 739.2 In making an order under section 738 or 739, the court shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court is of the opinion that the amount should be paid in instalments, in which case the court shall set out a periodic payment scheme in the order. 739.3 An order under section 738 or 739 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person.

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Evidence Lawcards 2012-2013

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In a criminal case, the State or Federal Government brings the defendant to trial, and a guilty verdict usually results in jail time, a fine, or both. The Crown must not call a witness critical of a Crown witness, or make submissions critical of a Crown witness, unless these criticisms were put to the Crown witness being criticised: Kennedy (2000) 118 A Crim R 34, Walton (1999) 113 A Crim R 308, Teasdale [2004] NSWCCA 91.

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Evidence: Making the Record (Coursebook)

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The Right to Refuse Treatment..................................................................... 2 (c) Not Guilty by Reason of Insanity (NGRI) Acquittees.............................. 2 C. Courts are increasingly applying a standard of the "reasonable person in the defendant’s situation" in lieu of the "reasonable person" standard. It�s crucial at common law to distinguish between general intent, specific intent, and strict liability.� However, sometimes courts will fall back on the �moral wrong� or �legal wrong� doctrines when dealing with a general intent crime committed under a reasonable mistake of fact.

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