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Baranage (2003) 1 Sri.L.R 340 has explained whether on what stage the court is entitled to make an order in accordance with aforesaid section. In this case The Court of Appeal of Sri Lanka has stated that "if no reasonable person can place any reliance on such evidence, then it is a situation where there is no evidence." [8]
It is, of necessity, the condition of mind produced by the proof resulting from the evidence in the cause. It is the result of the proof, not the proof itself, whereas the presumption of innocence is one of the instruments of proof, going to bring about the proof from which reasonable doubt arises; thus one is a cause, the other an effect.
R v Nedrick [1986] EWCA Crim 2 is an English criminal law case dealing with mens rea in murder. The case is a cornerstone as it sets down the "virtual certainty test". It applies wherever a form of indirect (oblique) intention is apparent and the charge is one of murder, or other very specific intent.
In cases an arrest is conducted by an officer, the officer must inform the arrestee of the charge, produce to him a warrant of arrest, if any, and enlighten him that he has the right to remain silent, that anything he says can and will be used as evidence in a trial, and that he also has the right to meet and confer with a counsel or person to ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
House Republicans’ first effort to justify the impeachment inquiry into President Joe Biden demanded by former president Donald Trump and far-right members of the GOP conference ended without a ...
NASA has arrived at two ways of returning samples collected on Mars to Earth. Now, the agency will test the options to see if the cache can make it back in the 2030s.
The decision should normally be made as soon as it arises, [7] which would ordinarily be before arraignment, but the court may postpone consideration of unfitness until any time before the opening of the defence case. [7] This power might be used to allow the defence to challenge the prosecution case on the basis that there is no case to answer.