Now, you have bail conditions that tell you to go directly to and from school but one day you are offered a ride with a friend and picks a friend up and then all of a sudden, the vehicle is stopped for a wrong turn and you are discovered as a person on conditions and they question your conditions when they ask why did you come to that address if you are supposed to be directly to school and you explain the situation. You are given a court date and taken out of school for breach of recognizance. The main charge involving theft over was dropped but the breach of recognizance remained for trial. The only question involved your intention and whether you intentionally breached your conditions and the Learned Judge, after you confirmed that you did not intend to breach the conditions in the circumstances, asked if you understood the meaning of ''directly to and from'' and that stopping as a passenger in a vehicle to pick up another school friend being assisted by the driver was not direct. You answered that you understood that it was not direct but you are innocent as you could not have intended for the driver to make that detour on the way to school and for all intents and purposes your intention was certainly direct transport to the said school location. The defense is that you did not have requisite mens rea to travel indirectly as your stated intention at trial and in the statements was to be transported directly either on your own or with the favor of a usual drive with a friend directly to and from school such that your credible defense stands in law as the Crown cannot prove you intended for any detour while you understood the unfortunate unforeseen scenario that day. The lawyer did the right thing and the Judge was entitled to ask and to withdraw the charges on this youth before the court. IF he is not a thief, he is not a thief of any detour. He is a good officer some day after his basketball scholarship. He believes he can fly...touch the sky and all those someting deh!
Now, you have bail conditions that tell you to go directly to and from school but one day you are offered a ride with a friend and picks a friend up and then all of a sudden, the vehicle is stopped for a wrong turn and you are discovered as a person on conditions and they question your conditions when they ask why did you come to that address if you are supposed to be directly to school and you explain the situation. You are given a court date and taken out of school for breach of recognizance. The main charge involving theft over was dropped but the breach of recognizance remained for trial. The only question involved your intention and whether you intentionally breached your conditions and the Learned Judge, after you confirmed that you did not intend to breach the conditions in the circumstances, asked if you understood the meaning of ''directly to and from'' and that stopping as a passenger in a vehicle to pick up another school friend being assisted by the driver was not direct. You answered that you understood that it was not direct but you are innocent as you could not have intended for the driver to make that detour on the way to school and for all intents and purposes your intention was certainly direct transport to the said school location. The defense is that you did not have requisite mens rea to travel indirectly as your stated intention at trial and in the statements was to be transported directly either on your own or with the favor of a usual drive with a friend directly to and from school such that your credible defense stands in law as the Crown cannot prove you intended for any detour while you understood the unfortunate unforeseen scenario that day.
The lawyer did the right thing and the Judge was entitled to ask and to withdraw the charges on this youth before the court. IF he is not a thief, he is not a thief of any detour. He is a good officer some day after his basketball scholarship. He believes he can fly...touch the sky and all those someting deh!
The lawyer did the right thing and the Judge was entitled to ask and to withdraw the charges on this youth before the court. IF he is not a thief, he is not a thief of any detour. He is a good officer some day after his basketball scholarship. He believes he can fly...touch the sky and all those someting deh!
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