There are
also aggravating factors that can turn a misdemeanor DUI into a felony.
Obesity doubles, triples, or quadruples risk for diabetes, and is
also an aggravating factor in heart problems, arthritis, and allergies.
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.
Spit up milk and saliva on the face are
also factors that can
aggravate the condition.
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.
A court will
also consider any additional
aggravating or mitigating
factors.
Monavon
also successfully argued that the accident had not been caused as a result of cost - cutting at the expense of safety — a significant
aggravating factor.
This is not only because the agreements provided simultaneously for the limitation of generic market entry and for significant value transfers, but is
also due to some further
aggravating factors: the payments amounted to the expected profits of the generics had they entered the market; the real purpose was not to resolve the underlying patent dispute between the parties insofar as the agreements did not provide for market entry upon their expiration; and the content of the agreements went beyond the scope of Lundbeck's patents, since they were intended to prevent the sales of all types of generic citalopram while Lundbeck could not have obtained the same outcome through the enforcement of its patents.
Courts must
also consider the new enumerated «
aggravating factors» when sentencing companies convicted of regulatory offences, including whether the offence caused damage or risk of damage to the environment or to «any unique, rare, particularly important or vulnerable component of the environment.»
The sentencing court
also imposed an «exceptional minimum sentence,» which is a sentence in excess of the standard sentence range for the crimes charged, based on two
aggravating factors.
The Criminal Code
also lists other
aggravating factors that address some of the circumstances often present in cases of elder abuse.