Sentences with phrase «as the sentence imposed»

The case represents the more traditional use of custodial sentences for OH&S - related matters as the sentence imposed on the business operator resulted from the intentional breach of a court order.

That means for the data to be valuable, the database would have to include information on what kind of sentences a judge accepts from a plea bargain, as well as the sentences imposed after trial.

This should be seen as troubling by organizations as sentences imposed on corporations for criminal negligence will not distinguish between the conduct of a relatively low level representative and one in the upper echelons of the management structure.

Not exact matches

The Chinese government continues to impose death sentences for crimes that don't warrant it under Chinese law, such as drug - trafficking or financial crimes, and after unfair trials, the report states.

«As another of the government's self - imposed deadlines for securing a deal slipped away, disagreements between the two sides on budget targets persisted,» is another one of those sentences about the Greek crisis that could have been written almost any Monday over the past few months, and that you'll probably read again next Monday.

National courts sentenced fraudsters to a cumulative 125 years» imprisonment during 2010 and imposed financial penalties amounting to nearly $ 1.47 billion as a result of OLAF's cases.

For example, under existing laws, there is no power to impose a general curfew in a particular area, and while curfew conditions can be placed on some offenders as part of their ASBO, criminal sentence or bail conditions, there are only limited powers to impose them on somebody under the age of sixteen.

Just as interesting to Kearns as the unprecedented length of the sentence, was the $ 1.75 million fine the judge imposed on the former speaker.

Any sentence imposed by the court should not be seen as an attempt by judges to muzzle journalists because freedom must go with exercising responsibility which was lacking in the case of Montie FM 3.

«It's a governor's responsibility to undo unjust acts such as sentences which are cruel and never should have been imposed,» Roskoff said.

On Jan. 30, a slimmed - down Matthews, wearing prison greens, shackled hand and foot and escorted by a pair of state corrections officers, appeared briefly in the hallways of the Ulster County Courthouse en route to a holding pen where he was to await a hearing on his alleged failure to abide by restitution order imposed by the court last year as part of his sentence on two counts of grand larceny.

The number of people executed in the United States this year dropped to the lowest level since 1991, as states impose fewer death sentences and defendants in capital cases get access to better legal help.

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 aggravating factor when determining whether to impose the death sentence on a deSentence 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 aggravating factor when determining whether to impose the death sentence on a desentence on a defendant.

Pressure Group, OccupyGhan, has bemoaned what it describes as risible fines imposed as a court sentence on 13 members of pro-New Patriotic Party (NPP) vigilante group, Delta Force, for storming the Ashanti Regional Coordinating Council, and manhandling the regional security coordinator.

furious as this negative impact on preferred customers credit scores, has totally corrupted the FICO scoring system, and even the most responsible of patrons to ha e NO control over «decreased limits» for no real reason of «substance»... its a fraudulent tool, imposing «declamation of character, as the coco, at a glance judge, tried, and sentences us all at the touch of an electronic device!!

The 2014 case of H - R (Children)[2014] EWCC B80 (Fam)(11 April 2014) illustrates that even when faced with a mother who had repeatedly breached a contact order and then failed to attend court on three occasions in connection with enforcement hearings the court can be reluctant to go as far as imposing a custodial sentence.

For some simple possession charges, a criminal record can be avoided if the judge imposes a discharge as a sentence, but that is not always the case.

Any point total over 44 points means that a state prison sentence must be imposed unless the prosecutors agree or the judge chooses to depart below the mandatory prison term as called for by legal guidelines.

Held: The Sixth and Fourteenth Amendments require that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him the right to assistance of appointed counsel in his defense, but do not require a state trial court to appoint counsel for a criminal defendant, such as petitioner, who is charged with a statutory offense for which imprisonment upon conviction is authorized but not imposed.

(i) If the dangerous offender provisions are satisfied the judge still retains a discretion as to whether to impose an indeterminate or extended sentence.

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.

Seems to me that the answer is easy in one sense: if the effects of a given crime are really worse in one area than in another, Gall discretion surely allows a sentencing judge to impose a different sentence as a result.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

We comment only on the statement in which the President termed the sentence imposed by the judge as «excessive.»

If fines are seen both by the government and the courts as the main sentencing option, and the courts are indicating that sentencing courts should not shy away from significant monetary penalties, it seems reasonable to anticipate a significant escalation in the penalties sought against, and imposed on, individuals convicted under the OHSA.

This may confirm a major shift in the approach to sentencing in regulatory offences (including OH&S), where, traditionally, monetary penalties were commonly imposed and jail sentences were rare and imposed only as a sentencing measure of last resort.

However, the court imposed the jail sentence because it believed that a fine was insufficient as the deceased worker was «particularly vulnerable».

Instead, as a quick review of Congress's express commands in section 3553 (a) of the Sentencing Reform Act makes clear, Congress told judges to «impose a sentence sufficient, but not greater than necessary, to comply with» the traditional purposes of sentencing (while also considering various relevant facts and factors including the guSentencing Reform Act makes clear, Congress told judges to «impose a sentence sufficient, but not greater than necessary, to comply with» the traditional purposes of sentencing (while also considering various relevant facts and factors including the gusentencing (while also considering various relevant facts and factors including the guidelines).

The relevant provision defines serious criminality as, among other things, being convicted for an offence for which the maximum sentence of imprisonment is 10 years or more, and / or for which the actual sentence imposed is more than six months» imprisonment.

The Supreme Court also declared the Sexual Offences Act 2003 to be incompatible with the ECHR in so far as it imposes a lifelong duty on persons sentenced to 30 months or more to inform the police about a change of address and their foreign travel plans (R (F) v Home Secretary [2010] UKHL 17).

However, even if the case were regarded as being on the borderline, the Divisional Court was not entitled to interfere with the sentence imposed.

To briefly address the individual points: 1) on the «four corners» point, I read this sentence as simplying that Art 4 (3) itself limited the use of the collected data: «Because the obligation which the Regulation imposes is not just to collect and store date, but also (under Article 4 (3) of the Regulation) to ensure that the data are only used to for the specified purposes set out in the Regulation.»

(3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence but the court shall limit any credit for that time to a maximum of one day for each day spent in custody.

To date, 47 states have adopted post-conviction DNA testing statutes; some have imposed additional limitations that hinder applicants from obtaining testing, such as prohibiting applications from those (1) that have plead guilty; (2) that have admitted to guilt in order to obtain parole; (3) whose attorneys did not request testing; (4) convicted of crimes for which relief could be sought; (5) who are sentenced to death; (6) who are able to establish a likelihood rather than a possibility the testing will be exculpatory; (7) where there are clear and convincing evidence that the new results would be significantly more discriminating than the results of previous testing; or (8) that fail to provide adequate safeguards to preserve biological evidence.

As Justice Bertha Wilson said in Re B.C. Motor Vehicle Act, [1985] 2 SCR 486, at p. 533: «It is basic to any theory of punishment that the sentence imposed bear some relationship to the offence; it must be a «fit» sentence proportionate to the seriousness of the offence.

An individual who has been convicted of a crime may «appeal» his or her case, asking a higher court to review certain aspects of the case for legal error, as to either the conviction itself or the sentence imposed.

Being caught in a large - scale commercial grow may result in the imposition of as much as a3 year mandatory minimum sentence being imposed.

Their disabilities should not be used as justifications for departing from the sentence that would be imposed against Dr. Genereux had his patients not been HIV positive or otherwise suffering from disability.

Typical, a judge can be informed in exercising discretion afforded by secular law by an overall religious worldview without infringing upon freedom of religion (e.g. in judging what sentence within a range should be imposed) but may not cite to religious sources as authority for that decision.

The cumulative amount of his victim surcharges would have been $ 900 if no fines had been imposed as part of his sentence.

However, when the judge considered a hypothetical situation (as he was required to do under the s. 12 Charter analysis as set out in Nur) of an offender in a slightly different situation from Mr. Michael he found that a judge who was required to sentence an offender on multiple counts to both jail and probation would be prevented from imposing a fine and would therefore have to impose the statutory amount of $ 100 in victim surcharges for each offence, for a total of $ 900.

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.

May Judge Goodwin continue to refuse to impose alternative sentences (as thoughtfully explained here), or must he now get in line?

I wish judges were required to impose the last best plea offer as a sentence after a conviction.

The government appeals as unreasonably lenient a sentence of thirty - six months» probation (including six months of community confinement) imposed on a whitecollar criminal, Michael Tom.

Will a defendant be able to argue simply that an imposed sentence, no matter how low as compared to the advisory guidelines, was still «greater than necessary» to comply with the purposes specified in the Sentencing Reform Act?

The Superior Court, Appellate Division, Petrella, P.J.A.D., held that conviction for refusal to take breathalyzer test could not serve as basis for imposing second offender status when sentencing defendant for later conviction for driving while intoxicated.

On appeal Lynch argued the sentencing judge erred in emphasizing interactions he had with police in the year following the riot, imposing unduly disparate sentences as between himself and two other accused, and by imposing a sentence not in parity with other accused in similar circumstances.

His ground - breaking book, «Sentencing as a Human Process,» was published in 1971 through the new Centre of Criminology, University of Toronto, the result of intensive, structured interviews with 71 full - time Ontario magistrates (virtually everyone in the province), together with extensive analysis of their various cases, decisions and sentences imposed.

If you are convicted of a misdemeanor, a judge may include or impose a term of supervisory probation as a part of your criminal sentence.