The Criminal Code and the Law of Criminal Evidence in Canada: Being an Annotation of the Criminal Code of Canada, and of the Canada Evidence Act, with Special Reference to the Law of Evidence and the Procedure in Criminal Courts, Including the Practice Before Justices and on Certiorari and Habeas CorpusCanada Law Book Company, 1908 - 1030 pages |
From inside the book
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Page 2
... crime and criminal procedure is the exclusive property of the Dominion Parliament , and to allow the Parliament of a province to declare that an act which , by the general law , is a crime , triable and punishable as a crime with the ...
... crime and criminal procedure is the exclusive property of the Dominion Parliament , and to allow the Parliament of a province to declare that an act which , by the general law , is a crime , triable and punishable as a crime with the ...
Page 19
... Crimes , 2nd ed . , p . 166 . The common law jurisdiction as to crime is still operative , notwith- standing the Code , and even in cases provided for by the Code , unless there is such repugnancy as to give prevalence to the latter law ...
... Crimes , 2nd ed . , p . 166 . The common law jurisdiction as to crime is still operative , notwith- standing the Code , and even in cases provided for by the Code , unless there is such repugnancy as to give prevalence to the latter law ...
Page 20
... crime . ] - All crime is local , and the jurisdiction over the crime belongs to the country where it is committed . Jefferys v . Boosey ( 1855 ) , 4 H.L.C. 815 , 24 L.J. Ex . 81 , per Parke , B .; MacLeod v . New South Wales ( 1891 ) ...
... crime . ] - All crime is local , and the jurisdiction over the crime belongs to the country where it is committed . Jefferys v . Boosey ( 1855 ) , 4 H.L.C. 815 , 24 L.J. Ex . 81 , per Parke , B .; MacLeod v . New South Wales ( 1891 ) ...
Page 21
... Crimes , 6th ed . , p . 115 . It is to be conclusively presumed that a party is physically incompetent to commit an ... crime charged shall include assault , the jury may acquit of the felony and find the party guilty of an assault , if ...
... Crimes , 6th ed . , p . 115 . It is to be conclusively presumed that a party is physically incompetent to commit an ... crime charged shall include assault , the jury may acquit of the felony and find the party guilty of an assault , if ...
Page 22
... crime committed , if he knew at the time of committing such crime that he was acting contrary to law ; by which ex- pression we mean , the law of the land . " And this rule was followed and applied in R. v . Riel ( No. 2 ) ( 1885 ) , 1 ...
... crime committed , if he knew at the time of committing such crime that he was acting contrary to law ; by which ex- pression we mean , the law of the land . " And this rule was followed and applied in R. v . Riel ( No. 2 ) ( 1885 ) , 1 ...
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Common terms and phrases
accused admissible alleged amended appeal apply arrest assault authority bail bodily harm Canada Canada Evidence Act Canada Temperance Act cause charge Code sec coin committed common law consent constable counsel counterfeit court Cox C.C. crime Criminal Code Crown custody defendant defraud depositions East P.C. evidence fact fraudulent gaol grand jury grievous bodily harm guilty habeas corpus held hundred Ibid imprisonment indictable offence injury intent issued judge jurisdiction jurors justice King libel magistrate manslaughter ment murder note to sec oath offence and liable Ontario Parliament of Canada party peace officer penalty perjury person plea possession prisoner proceedings proof prosecution prosecutor proved province punishment purpose quashed Quebec reasonable received recognizance shew speedy trial statute stealing stolen sufficient summary conviction summary trial summons taken theft therein thereof tion trade mark unlawful unlawfully Vict warrant wilfully witness