He maintained in his appeal that information about his criminal record ought not to have been given before the jury had decided upon the question of his guilt and that, moreover, it could be assumed

The risk must be assessed primarily with reference to those facts which were known or ought to have been known to the State at the time of the expulsion although subsequent information may be of value

  On 11 March 1992 one of the defendant companies produced a supplementary list of questions for the NBI to which the applicant objected, in particular since they ought to have been submitted much

Accordingly, the domestic law ought to offer him a sufficiently certain possibility of obtaining a new trial at which he would be present.

    The Court need not examine whether the Constitutional Court ought to have dispensed with the formal requirement under Rule 21 of its Rules (see paragraph 2 above) in view of the applicant

liberty and security due to the deprivation of access in 2007 (rejection of his appeal as out of time) to a procedure to obtain his release from pre ‑ trial detention which under domestic law ought

respondent State for the procedural obligations imposed by Article 2 to come into effect; this meant that a significant proportion of the procedural steps required by that provision had to have been or ought

The Court found that the Maltese Government had known or ought to have known of the dangers arising from exposure to asbestos at least from the early 1970s, given the domestic context as well as scientific

    On 13 January 1994 the Prosecutor-General submitted that the applicant’s request ought to be rejected.

It declared that the tenant ought to be ordered (sic.) not to rely on the impugned law to maintain title to the property.

Objects owned by a third person will not be confiscated unless he or she knew or ought to have known that they had been used or intended to be used for the commission of the offence.

In such a case the Court considers that it may be appropriate for the purposes of Article 35 § 1 to take the start of the six-month period from the date when the applicant first became or ought to have

In those circumstances, the authorities knew or ought to have known of the existence of a real and immediate risk to the victim’s health and life from the moment of his disappearance.

to the highly personal nature of the information disclosed, it had been reasonable and legitimate for the CNSAS, as the holder of sensitive documents, to consider that the relationship of trust which ought

Therefore, the applicant ought to have been aware of this requirement and was under an obligation to have complied with it.

Therefore, the 1997 Criminal Code as in force before the legislative amendments of 1 October 2006 ought to have been applied since it prescribed a sentence of imprisonment of six months to five years.

Moreover, they knew, or ought to have known, that in the event of acquittal at first instance the court of appeal had the option of re-trying the case on the basis of that same evidence.

The court determined that the applicant ought to have realised that he was no longer employed by the Fund, either as of 2002 when the regional branch in Priština had ceased to exist, or at the latest as

Accordingly, from the date on which the applicant ought to have been released pursuant to the legislation as interpreted prior to the change in case-law, her detention had not been “lawful”.

In a case concerning alleged acts of domestic violence, the investigating authorities ought to have taken the requisite action to elucidate the circumstances of the case.