By Jeffrey Miller
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Extra resources for Where There's Life, There's Lawsuits: Not Altogether Serious Ruminations on Law and Life
Unless you expressly reserve your right of appeal, the plea usually compromises that right. It won't necessarily mitigate punishment. But like a guilty plea it WHERE THERE'S LIFE, THERE'S LAWSUITS 27 saves court time and expense; not only do you waive your right to a trial, your explanation does double duty as your submissions concerning the proper sentence. And although a plea of nolo contender can be put forward in other actions as proof of the fact that you pled it, it cannot be used in subsequent proceedings as proof of your guilt or liability.
The prosecution admitted that the loaf's cash value was maybe 50 cents. But it was also true that Queen Elizabeth n, the nominal 40 JEFFREY MILLER head of the air Force for whom Pace cooked, sold these leftovers as pig swill. The evidence showed that Pace knew that Her Majesty made a practice of selling leftovers to farmers. The court, therefore, "would not hear him" say he thought that the loaf was ownerless or abandoned. Even if he thought the loaf was of no use or value to the air force, it was still Crown property.
At the same time, Justice Sopinka holds that the reasonable expectation of privacy protected by section 8 of the Canadian Charter of Rights and Freedoms (the section that forbids unreasonable searches or seizures) extends to the aromas in our dwellings. And sure enough, most of us would just as soon that the neighbors did in fact keep the Jenny's Garlic 'n' Goat Cheese Surprise to themselves. " How far, then, is the "that far" that the waiver of privacy interests goes? Cops and robbers can't knock to case the joint without probable cause, but is it unreasonable to deliberately breathe, prick up our ears, and stand wide-eyed when selling Policeman's Ball tickets at the local bawdy house?