Legal Concepts

Stay of Proceedings A stay of proceedings refers to the suspension or halting of court proceedings, which can be initiated either at the direction of the prosecuting authority (prosecutorial stay) or by a judge (judicial stay). In the case of a prosecutorial stay, the Crown holds the authority to suspend the proceedings, they have the option to restart the legal process within a ...

As a general principle, the concept of a strict liability offence merely requires the prosecution to prove the action or actus reus of the offence. Mens rea, or intent, is not required to prove the offence in a prima facie case. Strict liability are considered regulatory offences, and there is no requirement that the prosecution prove there was an intention to commit the ...