Sentences with phrase «aggravating circumstances»

[244] An award of compensatory damages may also include an amount awarded for aggravating circumstances where the defendant's conduct increased the plaintiff's «humiliation or anxiety arising from the libellous statement»: Hill, supra, at para. 188.

Other states try teenagers as adults only in cases involving extreme violence or other aggravating circumstances.

The other factor, distance and cross border, (three countries: Turkey, the U.S., his home country) further militates against prosecution except for highly aggravating circumstances such as drug dealing, gambling, or sex for pay.

Therefore when certain aggravating circumstances exist the maximum prison term for certain offences is raised to at least 5 years, for example when botnets (a network of infected computers which can be controlled remotely) are used by a criminal organization or when attacks are launched on a significant number of information systems.

The maximum notice an employee can be entitled to, without aggravating circumstances, is 24 months.

For organisations convicted of corporate manslaughter, the SAP proposed fines in the range of 1 % to 10 % of turnover, with the exact percentage applied depending on the extent of the organisation's culpability and other additional aggravating circumstances.

The court also granted the defendant's motion for a directed verdict on the issue of aggravating circumstances damages.

From standard misdemeanor DUIs to those involving aggravating circumstances, elevated penalties, and even felony charges, we have the tools and resources to advocate aggressively for clients facing difficult circumstances.

-- This crime involves so - called aggravating circumstances such as whether the assault results in a serious physical injury or was committed with a deadly weapon, among others.

The flipside of this finding, is that young brains are also more receptive to rehabilitation than adult offenders, and it is for this reason that the current YCJA makes custodial sentences the last resort, only given out if the youth has committed an indictable offences and has serveral findings of guilt, or under aggravating circumstances.

The evidentiary record contained other evidence of aggravating circumstances relevant to the defendant's vehicle operation.

Aggravating circumstances include:

If aggravating circumstances exist, you can be charged with a Class 1 Felony.

The Missouri Court of Appeals recently decided that the family of a woman who died because she took the wrong medication will get a new trial against the pharmacy on the issue of damages for aggravating circumstances.

A simple assault — one without aggravating circumstances — is a misdemeanor offense.

«Most of the time you're not really aware of it, but when there are other aggravating circumstances — if it's thicker than normal or if there's volume of production — you become more aware of the mucus.»

The findings are part of Aggravating Circumstances: A Status Report on Rudeness in America.

The Delaware court found that a jury not only must decide whether there were «aggravating circumstances» that could justify a death penalty, but also must find, «unanimously and beyond a reasonable doubt,» that such aggravating factors outweigh any mitigating circumstances — the critical determination in imposing a death sentence.

Rather, they can lease things and can make the most of their trips and maintain a strategic distance from disorderly and aggravating circumstances.

create a new felony crime of endangering the welfare of a child, boosting the current misdemeanor penalty from one year in jail to up to seven years in jail if there are aggravating circumstances;

From prosecution in felony possession (unless there are aggravating circumstances, e.g. possession with intent to sell or outstanding warrants).

Those «aggravating circumstances» could include a cold, the flu, allergies, or even changes in temperature, acid reflux, dehydration, or eating spicy foods.

«Cara Shannon presents a comprehensive model of how to evaluate dog bites, including not only the nature and extent of the bite itself but also the mitigating or aggravating circumstances.

«[T] hat entering on to another's property for the purpose of carrying away his pet is an aggravating circumstance» which would support a claim «for intentional infliction of emotional distress.»

In aggravated circumstances — such as where the dog seriously injures or kills a person, or a qualified behaviorist who has personally evaluated the dog determines that the dog poses a substantial risk of such behavior — euthanasia may be justified.

Only a fatality can aggravate the circumstances and lead to the possibility of adding time to the statute of limitations.

Especially with changes to the Criminal Code in November of 2012, mandatory minimum jail sentences are more common for some drug offences if there are aggravating circumstances.

For example, there are a number of aggravating circumstances that can result in elevated charges and penalties, including:

We can convince the court to consider appropriate mitigating and aggravating circumstances that would bring about shorter jail terms and lighter penalties.

** Note: This list serves as only a baseline for punishment — certain enhancements (prior criminal history or aggravating circumstances) can increase the punishment range by increasing the minimum time, the maximum time, or both.

There are a variety of factors involved in homicide cases, such as mitigating or aggravating circumstances, as well as statutory enhancements.

That her boyfriend was in prison is an aggravating circumstance on the issue of her sentence.

Bringing drugs into a prison in Alberta is considered to be an aggravating circumstance in sentencing.

Cases in the Sentencing Quantum Service are arranged by main offence, with details of count (s), prior record, aggravating circumstances, imprisonment / fine and order provided.

It would also require a court imposing a sentence to consider evidence that an offence was motivated by bias, prejudice or hate based on gender identity or expression as an aggravating circumstance.

The board found no aggravating circumstances and recommended that the Court publicly reprimand Mancino.

You can be sentenced to 5 years for a felony DUI with no aggravating circumstances and up to 15 years for DUI Manslaughter.

The Bill amends the sentencing principles section of the Criminal Code so that evidence that the offence was motivated by bias, prejudice or hate based on a person's gender identity or expression can be considered an aggravating circumstance by a judge during sentencing.

Conditional sentences are available (are therefore must be considered) even where there are aggravating circumstances (such as post-offence conduct).

In some states, Missouri for example, a wrongful death case may permit recovery of special damages for «aggravating circumstances» that are unique to such cases.

Application of an administrative penalty in relation to the company depends on the nature of a violation, the property and the financial circumstances, as well as the respective mitigating and aggravating circumstances.

If you are convicted of a theft crime, your penalties will be based on your previous criminal record, the value of the goods stolen, and whether there were any aggravating circumstances to the crime.

Robbery will be charged as a Class 2 Felony unless there are some aggravating circumstances.

The Court, however, leaves the door open for punitive damages claims when cell phones are involved and there are other aggravating circumstances.

In pursuing charges of aggravated assault, the prosecution must prove that there was at least one aggravating circumstance to elevate the offense.

Aggravating circumstances may be specific to your case and may depend on the facts and circumstances surrounding the incident.