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 |
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Page 18
... the Code , then unquestionably an indictment will lie at common law ; even if the offence has been dealt with in the Code , but merely by way of statement of what is law , then both are in force 18 Part I. [ § 15 ] CRIMINAL CODE .
... the Code , then unquestionably an indictment will lie at common law ; even if the offence has been dealt with in the Code , but merely by way of statement of what is law , then both are in force 18 Part I. [ § 15 ] CRIMINAL CODE .
Page 106
... statement was made bona fide and in the belief of its truth . If , in an unwarranted attempt of the police to arrest the bystander , the latter strikes a policeman , he is not guilty of assault upon a peace officer in the execution of ...
... statement was made bona fide and in the belief of its truth . If , in an unwarranted attempt of the police to arrest the bystander , the latter strikes a policeman , he is not guilty of assault upon a peace officer in the execution of ...
Page 108
... statement , made in a statutory dec laration administered under the " Canada Evidence Act , " may be the subject of ... statements not authorized to be made on oath could be verified . At common law . ] - It has always been an offence at ...
... statement , made in a statutory dec laration administered under the " Canada Evidence Act , " may be the subject of ... statements not authorized to be made on oath could be verified . At common law . ] - It has always been an offence at ...
Page 109
... statement must be clear and precise and not ambiguous . R. v . Bird , 17 Cox C.C. 387 . Intended to mislead . ] — Although an " intent to mislead " is an essential ingredient of the offence , a charge which does not specifically allege ...
... statement must be clear and precise and not ambiguous . R. v . Bird , 17 Cox C.C. 387 . Intended to mislead . ] — Although an " intent to mislead " is an essential ingredient of the offence , a charge which does not specifically allege ...
Page 110
... statement as to any such fact , matter or thing ; or , ( b ) knowingly , wilfully and corruptly , upon oath , affirma- tion or solemn declaration , affirms , declares or deposes to the truth of any statement for so verifying , assuring ...
... statement as to any such fact , matter or thing ; or , ( b ) knowingly , wilfully and corruptly , upon oath , affirma- tion or solemn declaration , affirms , declares or deposes to the truth of any statement for so verifying , assuring ...
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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