Example sentences of "[art] defendant ['s] " in BNC.
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| 1 | Mr Cocks predicted that advocates would have to adapt their techniques in cases involving children and other vulnerable witnesses , but warned : ‘ It would be disastrous for an excessive preoccupation with welfare to erode the defendant 's rights and to undermine the role of his advocate . ’ |
| 2 | Where a defendant was charged with committing an act of gross indecency with a co-defendant who had pleaded guilty to a charge of gross indecency with the appellant , evidence of the co-defendant 's plea of guilty , although relevant , should have been excluded from the jury , since such evidence would have an adverse effect on the fairness of the proceedings against the defendant as the jury was likely to treat it as going to prove the defendant 's guilt . |
| 3 | The significance of an offer of compensation is that it may be taken as a token of the defendant 's remorse , and that it redresses the private loss of the victim , and to that extent and no other it plays a part in the sentencing exercise . |
| 4 | Such an order should be made only where there is evidence of the defendant 's ability to pay . |
| 5 | In 1988 the plaintiff applied for a charging order on the defendant 's house in respect of damages , interest and costs . |
| 6 | Accordingly the county court judge had no power under Order 5 , rule 5 to make the order by which , on the defendant 's application , the appellant was ordered to pay £861 . |
| 7 | As to whether the defendant 's claim was barred by section 10 of the Limitation Act 1980 , the defendant 's right to claim contribution accrued on the date when the plaintiff was given judgment : 6 February 1986 . |
| 8 | As to whether the defendant 's claim was barred by section 10 of the Limitation Act 1980 , the defendant 's right to claim contribution accrued on the date when the plaintiff was given judgment : 6 February 1986 . |
| 9 | He allows that , despite his claiming to have no consciousness of them , a court may punish a man for his drunken actions , but this is only because it can not be sure of distinguishing in the defendant 's plea ‘ what is real , what counterfeit ’ . |
| 10 | It must be proved that the defendant 's act or omission caused the death of the victim within a year and a day . |
| 11 | The ‘ year and a day ’ rule is a legacy of times when medical science was so rudimentary that , if there was a substantial lapse of time between injury and death , it was unsafe to pronounce on whether the defendant 's conduct or some other event caused the death . |
| 12 | A second approach is to frame the law in such a way as to make it clear that the court should make a moral judgment on the gravity of the defendant 's conduct . |
| 13 | Their protagonists argue that the law of murder is so important socially that derogation from the principle of maximum certainty should be allowed in favour of more accurate labelling by the courts ; opponents argue that the principle of maximum certainty is needed here specifically to reduce the risk of verdicts based on discriminatory or irrelevant factors , such as distaste for the defendant 's background , allegiance , or other activities . |
| 14 | Thus stated , there is no reference to the defendant 's intention or awareness of the risks : the fact that D has chosen to commit rape , robbery , or another serious offence , and has caused death thereby , is held to constitute sufficient moral grounds for placing the killing in the highest category . |
| 15 | It is possible that juries would prefer to convict of murder in such cases so as to register their abhorrence of the defendant 's activities in general . |
| 16 | If so , this would suggest a social preference for regarding killings of these kinds as among the worst because of the circumstances in which they occur , rather than because of the defendant 's awareness of the possible consequences . |
| 17 | Surely it is possible that a jury might decline to convict of murder a person who intentionally killed under gross provocation , even though they knew that the judge could give a lenient sentence , because they wished to signify the reduction in the defendant 's culpability by using the less stigmatic label of manslaughter . |
| 18 | It would be possible to absorb provocation into a wider notion of ‘ extreme emotional disturbance ’ , as the American Model Penal Code does , so that the key to mitigation would be the extent of the defendant 's psychological disturbance at the time of the killing rather than the reasons for it . |
| 19 | In most cases it is not the jury who takes this decision but the prosecution , who , with the judge 's agreement , accepts the defendant 's plea of guilty to manslaughter under section 2 . |
| 20 | first , the definition of infanticide is limited to the killing of the child most recently born , which means that when a mother in a disturbed state kills both her last-born child and another slightly older child , the one killing is infanticide and the other may be murder , whereas the defendant 's culpability is surely the same in both cases . |
| 21 | In McShane ( 1977 ) a woman was convicted of an attempt to counsel her mother 's suicide by repeatedly encouraging her to take an overdose , and it was shown that the mother 's death would greatly alleviate the defendant 's financial problems . |
| 22 | If the unlawful act is arson ( criminal damage by fire ) , the fault element will be intention or Caldwell recklessness , and the latter does not require any subjective awareness on the defendant 's part . |
| 23 | The third requirement is that the defendant 's conduct in committing the crime must have been objectively dangerous . |
| 24 | It could be argued , therefore , that the focus should not be the victim 's mental state but the defendant 's intentions . |
| 25 | The practical problems are that there may be no evidence of violence on the woman 's body , which usually means that the case will be a question of the victim 's word against the defendant 's ; this may lead the police to be sceptical of the woman 's complaint , or may incline the prosecutor to accept a plea of guilty to the lesser charge of indecent assault . |
| 26 | Whether the prosecution can prove attempted rape rather than the lesser offence of indecent assault will often depend on proof of the defendant 's intention to go beyond the indecent acts already committed . |
| 27 | In a third class of cases , where the right-minded observer would be unsure , the court would look at the defendant 's motive and , only if that was indecent , would the offence be made out . |
| 28 | Should the defendant 's motive be so crucial in cases where the act is not obviously indecent , in the sense that ‘ right-minded persons ’ would not unhesitatingly classify it as such ? |
| 29 | The jury may in some cases put two and two together , but it seems to us that the effect of section 58 is such that the balance of fairness between prosecution and defence can not be maintained unless proper comment is permitted on the defendant 's silence in such circumstances . |
| 30 | Anti-apartheid demonstrators were prosecuted for invading court number 2 at Wimbledon during a match involving the South African , Cliff Drysdale ; the House of Lords ultimately decided that the meaning of ‘ insulting ’ was properly a matter for the magistrates ( who had acquitted in this case ) and allowed the defendant 's appeal against the Divisional Court 's decision that the conduct had been insulting . |