How does section 810 of the Criminal Code interact with objective and subjective elements?
Newfoundland and Labrador, Canada
The following excerpt is from Lovell v. Lovell, 2008 CanLII 35178 (NL PC):
[15] As can be seen from the wording of the legislation, section 810 of the Criminal Code contains both an objective and subjective element. The applicant must be fearful of the respondent and the fear must be based upon reasonable grounds. The burden of proof rests upon the applicant and it is based on a balance of probabilities (see Miller v. Miller (1991), 87 Nfld. & P.E.I.R. 250 (N.L.P.C.)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an execution creditor sell the property of his debtor subject to all such charges and equities as the same was subject to in the debtor's hands? (Newfoundland and Labrador, Canada)
What is the purpose of sentencing under section 718 of the Criminal Code of Canada? (Newfoundland and Labrador, Canada)
Is there a presumption that a lawyer subject to a lateral transfer received relevant confidential information? (Newfoundland and Labrador, Canada)
How have courts interpreted section 11 of the Limitations Act? (Newfoundland and Labrador, Canada)
Does a section 487.3(1) non-disclosure order or a variation of one need to be issued for an indefinite time period? (Newfoundland and Labrador, Canada)
What is the test for making a contribution that does not qualify under section 29 of the Corporations Act? (Newfoundland and Labrador, Canada)
What is the difference between a simple factual finding and the application of the legal standard for subjective belief to the evidence? (Newfoundland and Labrador, Canada)
What are the elements of the tort of negligence? (Newfoundland and Labrador, Canada)
Does section 486.3(3) of the Rules of Civil Procedure apply to cross-examination? (Newfoundland and Labrador, Canada)
What is the burden of proof on the prosecution on a section 810 application? (Newfoundland and Labrador, Canada)
