Sentences with phrase «aggravating factors in the case»

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

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.

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

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

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.»

Not exact matches

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.

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.

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.

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.

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.

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

Factors that will be important in determining the penalty in your aggravated battery case include:

The specific penalties that are imposed in your criminal burglary case will depend on the mitigating (helpful) and aggravating (harmful) factors that are present.

Indeed, the Appellant submits that the fact that the victims in the case at bar were HIV positive constitutes an aggravating factor because Messrs. McGinn and Jewitt were psychologically more vulnerable by reason of their conditions.

If anything, cultural beliefs may be an aggravating factor enhancing the need for specific deterrence in cases where the sentencing judge is satisfied that the offender continues to maintain those views at the time of sentencing.»

The court is required to weigh all relevant aggravating and mitigating factors in the case in order to determine a just sentence for the accused.

I would think the prior convictions exception left intact by Apprendi, Blakely and Booker would justify the increased sentence in any case, the aggravating factor was not for the crime of conviction found by the jury, but was due to Clarke's failure to obey the law after many opportunities.

If aggravating factors are present in your case the penalties for your Class 2 Felony offense can be extended.

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.

The trial in New Haven had several factors that can aggravate jurors» stress: multiple victims including children, sexual assault, graphic evidence and — as a capital case — the responsibility of deciding whether a defendant should live or die, jury scholar Valerie Hans said.

Removing this word from the bill would mean that the aggravating factor would apply even in cases where the offence had a minimal impact on the elder victim.

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

These aggravating factors therefore apply in cases where crimes were motivated by hate toward an identifiable group, such as seniors.