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The criteria set out in Mohan did not include a stand-alone requirement for experts to have independence and impartiality, but many of the lower courts have attempted to infer such a requirement. [ 1 ] [ 2 ] In 2013, the Nova Scotia Court of Appeal held that that is not required. [ 3 ]
Intent is defined in English law by the ruling in R v Mohan [1976] QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). [1] [2] [3] A range of words represents shades of intent in criminal laws around the world. The mental element, or mens rea, of murder, for example, was historically called malice aforethought.
R v Mohan [1975] 2 All ER 193, intention defined as "a decision to bring about... [the actus reus ] no matter whether the accused desired that consequence of his act or not." In the special case of murder, the defendant must have appreciated (i.e. consciously recognized) that either death or serious bodily harm would be the result of his actions.
Decision of Mr Justice Turner: Farrakhan v Secretary of State for the Home Department [2001] EWHC 781 (Admin) (1 October 2001), High Court (England and Wales) Decision of the Court of Appeal: R (on the application of Farrakhan) v Secretary of State for the Home Department [2002] EWCA 606 (30 April 2002), Court of Appeal (England and Wales)
The Canadian Supreme Court expressly discussed the Daubert standard in R. v. J.-L.J., [2000]. [34] In J.-L.J., the court took a look at the development of U.S. law in this regard, noting the U.S. Supreme Court's rejection of the Frye standard and its replacement with the Daubert standard.
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R v DeSousa, 1992 (Majority) Canada (Minister of Employment and Immigration) v Chiarelli , [1992] 1 SCR 711 (Majority) New Brunswick Broadcasting Co v Nova Scotia (Speaker of the House of Assembly) , [1993] 1 SCR 319 (Concurrence)
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