Criminal Archives : 2014

R. v. Vu | 2011 CarswellBC 3551 | Frankel J.A.

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Legal Wit — Was Romeo a Prowler?

…the Crown may have proved all the elements of this offence, including the mens rea contained in the words "loiter or prowl," but Parliament has recognized that those words have elastic qualities and may, after an explanation advanced by the accused, lose their pejorative meaning.

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R. v. Dhillon | 2012 CarswellBC 1715 | Smith J.A. (Donald and Hinkson JJ.A. concurring)

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Legal Wit — A Rose By Any Other Name?

In Romeo and Juliet William Shakespeare famously wrote, "A rose by any other name would smell as sweet.

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Legal Wit — Bad Drivers

It is a favourite pastime of almost all Canadian drivers to complain about the driving exhibited by all other Canadian drivers.

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R. v. Vu | 2011 CarswellBC 3551 | Frankel J.A.

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Perimeter Search of Residence is Violation of section 8

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Phrase of the Week - Sparrow Test

R. v. Lefthand | 2007 CarswellAlta 850 | Slatter J.A.

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When are young offenders liable for an adult sentence? When seeking an adult sentence, the Crown is required to rebut a presumption of reduced moral blameworthiness. This post explores when the Crown may apply for an adult sentence as well as the procedure involved in an adult sentencing hearing.

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R. v. Whalen | 2014 CarswellOnt 5880 | Ontario Court of Justice

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R. v. Florence | 2013 CarswellBC 298 | Watchuk J.

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Legal Wit — The Marine Happiness Scale

If a voyage aboard the Love Boat is at the top of the happiness scale in seafaring surely the North Atlantic on a trawler during the winter months must be very near, if not precisely at, the bottom.

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