Sentences with phrase «aggravating factors in»

Additionally, the court is required to weigh the mitigating and aggravating factors in the case prior to imposing a sentence.

The judge will weigh both the mitigating and aggravating factors in the case when making sentencing decisions.

For example, you might write, «Aggravating factors in sentencing include assaults lasting an unusually long time, or causing particularly serious injuries, or that demonstrated unusual cruelty.

«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.

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.

Food sensitivities are now becoming more recognized as an aggravating factor in many diseases such as gastrointestinal concerns, fatigue, weight gain, headaches and more.

[Milk has]... already been identified as an aggravating factor in the acne epidemic... [but] it is even more important that excessive milk consumption can promote diseases commonly associated with a Western lifestyle.»

Obesity doubles, triples, or quadruples risk for diabetes, and is also an aggravating factor in heart problems, arthritis, and allergies.

In addition, this failure to appear will act as an aggravating factor in your case and will make leniency from the judge less likely.

It could have been an aggravating factor in terms of free movement, but as far as State aid law is concerned, selectivity has to be examined at the level of one Member State only, the decisive criterion being whether the measure differentiates between undertakings or sectors that are in a comparable factual and legal situation.

As mentioned above, domestic assault is not a separate charge from assault, however it is likely that the judge will use the fact that the abuse occurred in an intimate relationship setting as an aggravating factor in the case.

Alcohol is considered an aggravating factor in car accidents.

Essentially, he treated the choking as an aggravating factor in relation to the sentencing for the other offences committed against each victim.

The appeal judge said the theft from an employer is an aggravating factor and «must be considered an aggravating factor in every case of employee theft.»

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.

Not exact matches

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.

Tacking Rep. Faso in the Age of Trump fivethirtyeight.com Death Sentence Aggravating Factor Expansion — Vote Passed (271 - 143, 16 Not Voting) Passage of the bill that would require courts and juries to consider if a defendant killed or attempted to kill a state law enforcement officer, local law enforcement officer or first responder as an -LSB-...]

Earlier research has shown that environmental factors, including pesticide exposure, may aggravate inherited deficiencies in mitochondrial function, possibly explaining some cases of Parkinson's disease.

The authors suggest that the childhood risk factors are important indicators of COPD risk, that are aggravated by smoking and having asthma in adulthood.

In a linked editorial, Cornelius Katona, medical director at the Helen Bamber Foundation, says «a robust mental health response to the refugee «crisis» must lie in a combination of clinical vigilance, recognition of vulnerability factors, and above all, a determination to minimise the aggravating effects of post-migration experiences.&raquIn a linked editorial, Cornelius Katona, medical director at the Helen Bamber Foundation, says «a robust mental health response to the refugee «crisis» must lie in a combination of clinical vigilance, recognition of vulnerability factors, and above all, a determination to minimise the aggravating effects of post-migration experiences.&raquin a combination of clinical vigilance, recognition of vulnerability factors, and above all, a determination to minimise the aggravating effects of post-migration experiences.»

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.]

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.

High IgE levels are a key clinical measure of an aggravated immune sensitivity to certain particles in the environment — the basis of atopy (allergies) and an important predisposing factor to the development of asthma.

Excessive consumption of simple sugars may lead to dysbiosis and increased production of inflammatory cytokines; artificial sweeteners are a potential factor of inflammation in the intestines; refined salt can aggravate autoimmune diseases.

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

In a recent study of 10 lean healthy individuals, both nuclear transcription factor - κB activation and nitrotyrosine were acutely increased ≤ 3-fold after a high GI meal by comparison with a low GI meal, suggesting that high - normal physiologic increases in blood glucose after meals could aggravate inflammatory processes (6In a recent study of 10 lean healthy individuals, both nuclear transcription factor - κB activation and nitrotyrosine were acutely increased ≤ 3-fold after a high GI meal by comparison with a low GI meal, suggesting that high - normal physiologic increases in blood glucose after meals could aggravate inflammatory processes (6in blood glucose after meals could aggravate inflammatory processes (6).

Or does another factor weaken the immune system, promoting the disease, which then provides a haven for Candida colonies to multiply — in turn, aggravating the symptoms?

There are a number of physical factors that can speed up the onset of vaginal dryness, or aggravate the condition in menopausal women.

Diagnosis: In order to explain why your pet might be exhibiting his or her problem (s), we must first determine the cause as well as any factors that might be reinforcing or aggravating the situation.

I am still not convinced that a consoles ability to be played offline was a major factor in the decision of a large number of consumers — if you were going to buy an Xbox, I think the always online was not an aggravating factor.

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

Black carbon has likely played a far more significant role there, because of the contrast between absorbing aerosols deposited on the ice surface, and the high albedo perennial ice cover, and thus in this particular region black carbon has likely been an aggravating factor when it comes to anthropogenic surface warming.

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.

Katyal argues that in Arizona there are so many aggravating factors that practically any murder qualifies.

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

In light of the broad definition of assault above, penalties for an assault conviction can vary depending on the specific circumstances of the offence, the offender, and the complainant, or the presence of «aggravating» or «mitigating» factors, which result in greater and lesser penalties, respectivelIn light of the broad definition of assault above, penalties for an assault conviction can vary depending on the specific circumstances of the offence, the offender, and the complainant, or the presence of «aggravating» or «mitigating» factors, which result in greater and lesser penalties, respectivelin greater and lesser penalties, respectively.

Section 718.2 (a) of the Criminal Code states that judges in criminal cases are requires to either increase or decrease an offenders sentence based on the aggravating and mitigating factors in the case.

Other aggravating factors can be long commutes, the difficulties of finding reliable daycare, and the combination of early mornings to take kids to school, and late nights in front of a glowing screen.

First, second, and third DUI convictions, absent any aggravating factors, will result in misdemeanor criminal charges.

The Office of US Probation will then prepare a report, a Presentence Investigation Report (PSR), where a probation officer will detail any aggravating and mitigating factors present in the case.

Each time, the abandonment of a nuanced fact - based approach to sentencing in which our appointed Judges were trusted to carefully balance the mitigating and aggravating factors has been justified by resort to alarmist pleas about the overriding necessity to «get tough on crime».

Assuming that age is not a factor in the crime in the case, two offences come to mind: Sexual Assault (section 271 of the Criminal Code) Aggravated Sexual Assault (section 273 of the Criminal Code) The primary question that you put forward is the question of consent.

Aside from the sentence imposed, the J.R. Contracting case is also notable because the court held that the Regulatory Modernization Act (an Ontario statute enacted in 2008 that, principally, provides for information sharing between provincial ministries and bodies) provided the authority for the supervisor's environmental convictions to be treated by the Crown Prosecutor and court as an aggravating factor when sentencing for the OH&S violation.

While sentencing guidelines are followed in the vast majority of cases, courts are allowed to impose a softer or harsher sentences «when substantial and compelling aggravating or mitigating factors are present.»

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 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.

Section 718.2 (a) of the Criminal Code requires judges to increase or decrease the sentence in a particular case based on the mitigating and aggravating factors presented by the defence and Crown attorney's.

A while back, I wrote about the issue of what the punishment should be in Maryland fatal accident cases where there are no aggravating factors (almost always alcohol) but still someone dies because someone just was not paying attention.

Reasons for judgment in New Mex are not publicly available so it is not known how much weight the court may have given any potential aggravating factor.

However, those mitigators are significantly outweighed by the aggravating factors, which will likely result in a prison term.