Sentences with phrase «aggravating factor»

Ellacott had been properly sentenced even though the Superior Court Justice had erred when he used Ellacott's testimony and his denial of guilt as aggravating factors in his decision.

The Court of Appeal ultimately found that even though the sentencing judge had mistakenly used Ellacott's testimony and denial of guilt as aggravating factors, the error was found to be of no consequence.

A layperson's question: What is the standard of proof the judge used in his finding of aggravating factors?

Other less serious offenses can be increased to a Class A Misdemeanor if aggravating factors are present.

The sentencing judge found several aggravating factors including the fact the appellant had two prior convictions for impaired driving (1997, 2000) and two convictions for driving while disqualified (1994, 1995).

Depending on whether any other aggravating factors exist, a charge or its penalties could be enhanced to the detriment of the offender.

A new article in China Dialogue brings to light a new angle on one very aggravating factor on the overwhelming devastation: Illegal logging by the «timber

Under state law, the death penalty can be imposed if a jury makes a unanimous recommendation after weighing aggravating factors presented by the prosecution and mitigating factors presented by the defense.

«Rosenfeld's status and position as a lawyer was noted as one of the significant aggravating factors in the court's decision,» said the report.

Demonstrates misconduct that warrants lesser discipline and there are aggravating factors which may include a heightened position of trust, young students, numerous warnings by employer or advisory licensing body, vulnerable students or other factors.

If at least one aggravating factor exists, the Court then must see how it weighs against the mitigating factors.

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.

The guidelines highlight aggravating factors such as inciting others to join in the violence as well as other factors such as damage to local communities and injuries to emergency services workers.

In contested sentencing hearings (where the Crown and defence make separate submissions and arguments before the court), the Crown is moving towards a practice of placing extensive factual records of all potentially aggravating factors before the courts.

Without aggravating factors, predatory criminal sexual assault of a child can be punished by 6 to 60 years in prison.

Absent aggravating factors, domestic violence is generally a Class A Misdemeanor.

Some crimes are explicitly stated as Class C Misdemeanors by law, while some petty infractions can be elevated to a Class C Misdemeanor if certain aggravating factors are present.

The OJC identified several aggravating factor in this case, including the fact that this occurred while in courtroom as part of his official capacity.

Under state law, the death penalty can be imposed if a jury makes a unanimous recommendation after weighing aggravating factors presented by the prosecution and mitigating factors presented by the defense.

Re # 5 response: [While the movie was indeed prophetic in recognizing anthropogenic global warming as a real potential future threat in the early 70s (responsible for the perpetual heat wave that afflicts Earth's inhabitants), it appears that overpopulation was envisioned as the primary aggravating factor.]

When attempted first degree murder is committed with aggravating factors, the terms of imprisonment will be extended.

There are also aggravating factors that can turn a misdemeanor DUI into a felony.

According to the 2017 ruling, the committee «dismissed the inference that the pattern of behaviour indicated predatory intent or uncontrollable deviant urges, and therefore a serious aggravating factor.»

Overall, the lesson these cases provide is that, at least in contested sentencing matters, the Crown is moving towards a practice of placing extensive factual records of all potentially aggravating factors before the courts.

Theoretically, the determination of what the appropriate range of punishment should be is determined by a series of findings of mitigating factors by the judge and aggravating factors decided by a jury.

The difference in the Ayurvedic approach (compared to traditional medical treatments) is in pacifying the internal aggravating factors while simultaneously addressing topical issues.

'' Nutritionist says: «Address aggravating factors like food, lifestyle and stress.

Don't kid yourself; alcohol is a strong aggravating factor, particularly with male drinkers.

Avoid aggravating factors - Turn off Wi - Fi on your phone, sign off from all social networks or just turn notifications off so that you won't be disturbed or distracted by someone.

If income exceeds expenses and aggravating factors exceed mitigating factors, the case could be dismissed as abusive.

That's one of the biggest aggravating factors to remakes for me.

Likely aggravating factors included snowmelt from the warm temperatures of the event and already - saturated soils from heavy rains several weeks earlier.

A spate of new aggravating factors to be considered on sentencing relate directly to fraud cases and a two - year mandatory minimum jail sentence will be imposed on anyone convicted of a fraud involving $ 1,000,000 or more.

That would be a seriously aggravating factor and one which would indeed justify a sentence towards the top of the bracket.»

The judge in the case will weigh both mitigating (factors that work in the favor of the accused) against aggravating factors (factors that work against the accused) to determine a just and fit sentence for the crime committed.

In addition to Greavette's problematic - driving record, additional aggravating factors included the troubling damage from the collision (including damage to the two vehicles, property damage to the light fixture, and damage to other vehicles in the parking lot at the Riverside Inn).

[207] Aggravating factors include the repetition of the word «liar» in the headlines, the many references to lying in some of the later blogs and the inclusion of hyperlinks to all of the prior «liar» blogs in the eighth blog, posted a year later.

If your Class 3 Felony offense involved aggravating factors your sentence could be extended.

I can think of one scenario: a judge imposes the maximum guideline range for an offense that doesn't seem to have any extraordinary or egregiously aggravating factors and the court makes no mention — and apparently gives no weight — to mitigating factors like the defendant's abuse as a child, complete cooperation with authorities investigating the crime.

Economic gain is a major aggravating factor and the more you earn the more serious the offense.

In the end, the committee found a number of aggravating factors justifying the three - month suspension.

The court was considering the constitutionality of the death penalty in the Kansas, where the statute specifically provided for this punishment where the mitigating and aggravating factors during the sentencing of a murder were of equal weight.

By way of comparison to what I just mentioned, the proposed aggravating factor in Bill C - 36 would recognize that the impact of crime on a victim may be exacerbated by a combination of the person's age, health and personal circumstances.

As the central aggravating factor the motion judge noted that the non-compliance with the order was for a personal advantage.

The Criminal Code also lists other aggravating factors that address some of the circumstances often present in cases of elder abuse.

The Bill will also amend the Criminal Code to include gender identity and gender expression as distinguishing characteristics protected under section 318 (4)(hate propaganda) and as aggravating factors to be taken into consideration under section 718.