contemnor การใช้

• The intention of the contemnor is irrelevant in establishing liability for contempt.
• Australian share activist and serial contemnor.
• Intention only becomes relevant when the court determines the appropriate sentence after having found the contemnor guilty.
• Due to the quasi-criminal nature of scandalizing contempt, the alleged contemnor should not be disadvantaged by having the evidential burden placed on him or her.
• The view has been taken that it may be rather burdensome for the Prosecution to have to prove the alleged contemnor was unaware of any rational basis for the criticism.
• Conversely, if fair criticism is a defence to an allegation of contempt, the burden would be on the alleged contemnor to show on a balance of probabilities that the statement amounts to fair criticism.
• If, however, the concept of fair criticism constitutes a defence, then the legal burden would shift to the alleged contemnor to show on the balance of probabilities that the impugned statement amounts to fair criticism ."
• In approaching the concept of fair criticism going towards liability for contempt of court, the Court of Appeal held that the various non-exhaustive factors set out in " Tan Liang Joo John " were helpful in deciding whether the contemnor was liable for scandalizing contempt.
• However, the simple fact is that no part of the article relies upon a perfect mental image of the TARDIS'aesthetics, and that is all there is to it IMO . _ % % contemnor % b % 08 : 53, 20 July 2011 ( UTC)
• Accordingly, our views on this point must necessarily be taken, to that extent, to be provisional in nature . " The Court said that adopting this approach ensures that an alleged contemnor is not disadvantaged with regard to the burden of proof : " If the concept of fair criticism relates to liability, then the evidential burden would be on the party relying on it.
• If the alleged contempt occurred in relation to any specific case, the Forms are required to be filed under the heading of the parties for that specific case; or if it is not alleged to have been committed with reference to a particular proceeding, shall be entitled  The State of Western Australia against the contemnor ( naming him ) ex parte the applicant : O 55, R 5.