Example sentences of "and [art] defendant had " in BNC.
Next page| No | Sentence |
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| 1 | The trial judge had found that the plaintiff 's exposure to high levels of oxygen had materially increased the risk of suffering RLF and the defendants had to show on the balance of probabilities that the exposure did not cause the RLF . |
| 2 | Held , dismissing the appeal , that to sustain a plea of autrefois convict a defendant had to prove not only that he had already been found guilty of the offence charged by a court of competent jurisdiction , either by the decision of the court or verdict of the jury or entry of his own plea of guilty , but also that the court had finally disposed of the case by passing sentence or making some other order ; that since the proceedings on the first indictment had been discontinued before sentence had been passed there had been no final adjudication and the defendant had properly been convicted on the second indictment ; but that , in all the circumstances , particularly having regard to the lapse of time between trial and determination of the appeal to the Judicial Committee , it would be appropriate for the death sentence to be commuted ( post , pp. 931D–E , 935H ) . |
| 3 | If the policeman had approached him from behind , for example , and the defendant had acted without seeing who confronted him , he should have the defence , as Williams and Ansell hold . |
| 4 | Where , however , the recorded mileage was exceptionally low for the age of the vehicle and the defendant had failed to make any enquiries even of the car 's immediate previous owner , the defence is likely to fail , Simmons v. Ravenhill ( 1983 D.C. ) . |
| 5 | Lord Wilberforce had said that where a person created a risk and injury occurred within that area of risk , the burden of proof was reversed and the defendant had to prove that his negligence was not a cause . |