What are
Joint Submissions for a Penalty?
In this case, the Court of Appeal upheld the decision of a sentencing judge to reject
a joint submission for a two year sentence for an accused convicted of impaired driving causing death and upheld the sentence imposed of two years and eight months; noting, however, that a sentence of no less than four years ought to have been imposed: R v Gibson, 2015 ABCA 41 (CanLII).
If your lawyer and the Crown have
a joint submission for the judge, the judge does not necessarily have to agree to it.
Not exact matches
This decision has significant implications
for the existing common practice of the Australian Competition and Consumer Commission (ACCC) and respondents to make agreed
joint submissions as to appropriate pecuniary penalties in competition law cases.
The
Joint Committee chaired by both Hon. Aminu Sani Jaji of Committee on National Security and Intelligence and Hon. Oluwole Oke of the Committee on Public Procurement had recently called
for submission of written memoranda / position papers from top government officials and 241 firms.
Abstract
submissions are now being accepted
for the
joint Division
for Planetary Sciences / European Planetary Science Congress meeting.
The Open Society Documentary Photography Project (NY), Call
for Submissions, Moving Walls 25: Exhibition and Fellowship Deadline: April 20th, 2018, 4:59 pm EST From their call: The Open Society Documentary Photography Project is soliciting submissions for a new joint exhibition and... Continu
Submissions, Moving Walls 25: Exhibition and Fellowship Deadline: April 20th, 2018, 4:59 pm EST From their call: The Open Society Documentary Photography Project is soliciting
submissions for a new joint exhibition and... Continu
submissions for a new
joint exhibition and... Continue reading →
This document is a
joint submission to the UNFCCC on Excom of the Warsaw International Mechanism
for Loss and Damage.
This document is the
joint submission to the UNFCCC on activities
for the Nairobi Work Programme.
Both
submissions are based on IETA's ongoing
joint research with the Harvard Project on Climate Agreements and the development of our Straw Proposal
for market provisions in the 2015 Agreement (released during the NYC Summit and available here).
Joint Submission by the Center
for Carbon Removal, Conservation International, Environmental Defense Fund, Forest Trends, National Wildlife Federation, Natural Resources Defense Council, The Nature Conservancy, Rainforest Alliance, Wildlife Conservation Society, and the Woods Hole Research Center, regarding views on APA Item 6: Matters relating to the global stocktake referred to in Article 14 of the Paris Agreement: (a) identification of the sources of input
for the global stocktake; and (b) development of the modalities of the global stocktake, in particular the role of the land sector and its potential
for enhanced action, including Intact Forest Landscapes
Notwithstanding the fact that the other plaintiffs had acknowledged that they were jointly and severally liable
for anything
for which the
Joint Venture might be liable, the court did not accept the defendant's
submission that the
Joint Venture itself ought to be removed as being unnecessary with Justice Griffin stating:
The panel seemed to favour a tougher penalty
for Toronto lawyer Steven Sinukoff, but declined to act because the reprimand was proposed in a
joint submission by counsel
for the law society and the lawyer.
Implications
for pleading and sentence
submissions Understanding the implications of the IRPA changes is equally important when negotiating with the Crown, in case there is an option
for the client to plead guilty to a lesser offence, and / or
for counsel to develop a
joint sentencing
submission.
Philippe Trudel and Bruce Johnston, the lawyers acting
for the Quebec plaintiffs» class, submitted their proposed fees; New Jersey, together with several other parties to related actions, intervened to make
joint submissions questioning the amount of the fees.
For further information on why the excessive demand regime is problematic, please read the
joint HALCO / Legal Network
submission to the Standing Committee on Citizenship and Immigration (November 15, 2017): www.halco.org/2018/news/medical-inadmissibility-of-immigrants-halco-and-legal-network-make-submissions-to-support-repeal.
(2) The required commencement fee as set out in the Fee Schedule
for Domestic Commercial Arbitration must accompany the
Joint Submission to Arbitrate.
(b) an electronic address
for delivery in the Notice to Arbitrate or
Joint Submission or, in the case of a Defendant, the Statement of Defence.
approach the
joint submission on an «as - is» basis, i.e. the public interest test applies whether the judge is considering varying the proposed sentence or adding something the parties have not mentioned,
for example, a probation order
trial judges who remain unsatisfied by counsel's
submissions should provide clear and cogent reasons
for departing from the
joint submission (and as the S.C.C. wrote, these «[r] easons will... facilitate appellate review.»)
When communicating about pleas, it is not sufficient to simply explain the terms of any
joint submission that might be offered in exchange
for a guilty plea.
Or if a prosecution was in the SFO's opinion necessary this could be confined to a limited part of the suspected criminality and there would be potential
for a
joint submission on sentence to the court.
In relation to the SFO and the defendant making a
joint submission on sentence Thomas LJ also roundly rejected the assertion that it was lawful
for a prosecutor to do this; «the imposition of sentence is a matter
for the judiciary».
There were three main reasons given by the Law Society Tribunal
for the decision, in support of its
joint submission with Keshen.
[2]
Joint submissions on sentence — that is, when Crown and defence counsel agree to recommend a particular sentence to the judge, in exchange
for the accused entering a plea of guilty — are a subset of resolution discussions.
KEY SKILLS • Demonstrated ability to carry out degree audit independently • Knowhow of all paper work required
for document's
submission at graduate and post graduate level • Able to communicate effectively and attract resourceful persons from the community to sponsor student activities • Experienced in arranging student community
joint ventures
for promotion of the university • Adept at keeping track of changed schedules and making sure the students are timely updated
Another proposal in the
Joint Submission is to allow Land Councils to grant three month licences of land in «urgent circumstances» without the need
for consultation and consent.
[Dr. Richard A. Warshak's
submission to the
Joint Interim Committee on Family Law
for State of Missouri.
Note: In its
submission to the Parliamentary
Joint Committee on Native Title the Attorney - General's Department stated that it is
for «the Parliament to decide whether substantive equality was to be provided and, if it was, what that encompassed»: Quoted in Parliamentary
Joint Committee on Native Title, CERD and the Native Title Amendment Act 1998, op.cit, p9.
It is encouraging to note government support
for this principle as evidenced by the Commonwealth Attorney - General's
submission to the Inquiry into ILUAs conducted by the Parliamentary
Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund:
NTRBs are funded by the Commonwealth in the following way: base funding
for each NTRB53; additional funding and assistance provided to some NTRBs through a reserve fund; a strategic priority claims resolution program; and a capacity - building program.54 The Commonwealth Parliamentary
Joint Statutory Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund is currently conducting an inquiry into NTRB capacity, with particular reference to NTRB funding.55 I provided a written
submission to the committee and made a number of recommendations including: 56