Sentences with phrase «assault conviction on»

In a 6 - 3 decision in R. v. J.A., the top court overturned an Ontario Court of Appeal ruling and reinstated a sexual assault conviction on a man who had sex with his partner during an mutually agreed - upon erotic asphyxiation session.

Not exact matches

Parker was acquitted in the rape case more than a decade ago and Celestin had his sexual assault conviction overturned on appeal (a higher court deemed his trial attorney ineffective), but the two men have come under fire once again as the media reports troubling details from the case, which included accusations that Parker and Celestin, then both 19, had sex with a Penn State freshman while she was unconscious after a night of heavy drinking.

In the weeks since the series debuted, there has been an Internet firestorm that has included countless opinions on whether or not justice was truly served and whether Avery may have suffered the second wrongful conviction of his life (he previously spent 18 years in prison for a sexual assault conviction that was later overturned due to new DNA evidence).

In addition to asking a court to mandate that Uber implement fingerprint background checks — a measure the company has vehemently opposed — the plaintiffs are asking a judge to order Uber to perform national criminal background checks on its drivers every six months, and to bar registered sex offenders or people with rape or assault convictions from driving for Uber no matter how long ago it was, along with other measures.

Such conservatives, estimated by pollster Daniel Yankelovich as one American in five, are actually somewhat marginal to the mainstream of national life, have few polished spokespersons, and are given to unsophisticated and vehement expression of their resentment about assaults on their convictions and values.

You get the Obama administration's contraceptive / abortifacient mandate on steroids and a full - scale legal assault by Clinton Administration 3.0 on the capacity of religious institutions to be themselves as they understand themselves to be: communities of religious conviction with a right to their own moral integrity, not mere instruments for delivering whatever the government deems to be a public service or a public good.

There are some issues which made need to be sorted before any transfer becomes a reality which is the conviction in France for assault on a Police Officer last year, of which the player received a two - month suspended prison sentence.

Matt Garayt, 25, recently got out of jail for an assault conviction that, he said, stemmed from a fight with a guy who used a date - rape drug on another friend.

Staten Island DA Dan Donovan, who acted as the special prosecutor in Sen. Kevin Parker's assault case, released a statement in the wake of the Brooklyn Democrat's conviction on two misdemeanor charges, saying he respects the jury's decision despite the fact that it did not deliver a felony guilty verdict.

However, as you'll recall, former Sen. Hiram Monserrate's colleagues set a precedent when they expelled him in the wake of his conviction on a misdemeaor charge of assaulting his girlfriend.

Public reaction to state Sen. Hiram Monserrate's (D - East Elmhurst) conviction on misdemeanor assault charges and officials» calls for his ouster was mixed in his district Monday.

Monserrate was expelled from the Senate after an assault conviction and then later served prison time on corruption -LSB-...]

Monserrate was expelled from the Senate after an assault conviction and then later served prison time on corruption charges.

The saga of state Sen. Hiram Monserrate's (D - East Elmhurst) assault case is out of the courtroom for the time being, but although the first - term legislator avoided any jail time on his misdemeanor conviction for recklessly injuring his girlfriend while dragging her out of his apartment building, he still faces censure from his Senate colleagues and -LSB-...]

After calling on state Sen. Hiram Monserrate (D - East Elmhurst) to resign following his conviction on a misdemeanor for assaulting his girlfriend, the Queens Democratic Party issued a further rebuke by backing state Assemblyman Jose Peralta (D - Jackson Heights) to challenge him in 2010.

Thanks to a number of factors — including lingering resentment from the Senate coup and the expulsion of former Sen. Hiram Monserrate after his conviction on a misdemeanor charge of assaulting his former girlfriend — the gay marriage lobby was successful.

He briefly served as a consultant to former Sen. Hiram Monserrate, but severed ties with the ex-Queens lawmaker long before his conviction on a misdemeanor assault charge and subsequent expulsion from the chamber by an unprecedented vote of his colleagues.

Deputy Senate Minority Leader Neil Breslin said the chamber needs to «move on» from Parker's assault case and again sought to differentiate it from Monserrate's conviction on a misdemeanor charge of abusing his girlfriend and ex-Senate Majority Leader Pedro Espada Jr.'s alleged corruption.

New York's top court has refused to overturn the conviction of a Honduran man living on Long Island, who said he wasn't aware that he risked deportation when he pleaded guilty to assault.

Absent his conviction on charges (which have not yet been filed), the Assembly can't follow the lead of the Senate and try to oust him like they did with former Sen. Hiram Monserrate after he was convicted of assaulting his girlfriend.

Hiram Monserrate to resign following his conviction on a misdemeanor assault charge.

If it weren't for the #MeToo movement, and a threat to take on a powerful committee chairman directly, a bill intended to help prosecutors win convictions in sexual assault ca...

ELIZABETHTOWN The Appellate Division of State Supreme Court reversed Shawn LaValley's conviction for 2nd - degree assault resulting from a hunting accident in the Town of Moriah on Dec. 1, 2014.

In District 21, where Council Member Julissa Ferreras - Copeland is stepping down at the end of her current term, two Democrats are facing off in the primary: Assemblymember Francisco Moya and Hiram Monserrate, a disgraced former state Senator and Council member who is attempting a comeback after a checkered recent past that includes separate criminal convictions on fraud and assault charges.

Fueled with revenge and conviction, Ace goes after the UWC, making an assault on their territories with the help of the fellow wrestling superstars that he meets along the way.

Thus, Landis's conviction for assault on a correctional officer with a bodily fluid was supported by sufficient evidence.

Following the April 26 conviction of Bill Cosby on three counts of «aggravated indecent assault» for drugging and sexually assaulting Ms. Andrea Constand, his lawyers stated that they expect to appeal...

APPEAL by accused against conviction on one count of assault causing bodily harm, sentence to two - year term of probation and $ 1,000.00 fine, and order to provide DNA sample.

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, respectively.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

1 Ms. M. appeals her conviction on one count of assault causing bodily harm, and her sentence whereby she received a two - year term of probation and a $ 1,000 fine.

Dewshi, principal of Dewshi Law Practice, tells AdvocateDaily.com that in carrying out the Notice of Proposal and revoking Kamali - Mafroujaki's licence, the reasoning focused on his past conduct, which included: the conduct leading up to his conviction of sexual assault; his denial of responsibility for any of the conduct; and the adverse finding of credibility by the trial judge in the sexual assault case.

He had also achieved great amounts of success that included securing an acquittal at trial for a client charged with possessing a controlled substance, obtaining a discharge for a client charged with domestic assault when the Crown wanted a conviction and permanent criminal record, and drafting an appeal factum that resulted in the overturning of a conviction for possession of marijuana on grounds that the client's Charter right to speak to a lawyer was violated.

A Canadian appellate court ruled that the defendant, described as the victim's «on - again, off - again partner of seven years,» did not commit sexual assault, overturning his conviction.

Upon conviction for domestic assault a judge can impose a non-communication order on the defendant which will prohibit him from having any contact with certain individuals related to the case (often the victim and / or witnesses).

If, however, you were convicted, and the Court found that you knew that the victim hadn't died at the time of trial, but you did not raise the fact that the victim wasn't dead, it isn't clear if you could have the original conviction vacated because it was a fair trial and you knew evidence sufficient to get yourself acquitted (which you may have refrained from presenting to avoid conviction on a lesser charge like kidnapping or aggravated assault), and the status of an «actual innocence» grounds for vacating a conviction after trial is hotly disputed, conservatives like the late Justice Scalia generally say «no», liberals generally say «yes», moderates like to say «yes» but make it almost impossible to establish except in rare cases like one where a live person walks in when there was a murder conviction for killing that actually living person.

Aggravated assault is a felony charge and a conviction can result in prison sentences ranging from 5 to 25 years depending on the circumstances.

At Haddad Law Firm, we understand the effects an assault conviction can have on your life.

Penalties for a conviction of aggravated assault will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

So for example, if a person is convicted of Sexual Assault on summary conviction, the SOIRA order will last for 10 years.

Penalties for a conviction of assault with a weapon will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Penalties for a conviction of domestic assault will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

The penalties associated with a sexual assault conviction will depend on the type of sexual assault charge, the severity of the crime committed, the circumstances surrounding the assault and the characteristics of the defendant.

To secure a conviction on a charge of sexual exploitation the Crown will be required to prove beyond a reasonable doubt that the accused occupied one of the three categories of relationships with the victim at the time the alleged assault occurred.

In most cases, this means we won't need to prove the assault occurred for a second time, and can rely on the criminal conviction.

In order to explore every viable defence and alternative remedy that could help you avoid the many impacts an assault conviction can have on your future, contact our firm at 416 - DEFENCE, or at [email protected], for a consultation and to speak with one of our Newmarket Criminal lawyers.

In its quest to reduce the incidence of rape, to prosecute rapists to conviction and to decrease the frequency of false complaints, we would suggest that the government ought to direct its efforts to the following goals: cents educating potential victims of sexual assault on the adoption of risk - avoidance strategies;

● «The serious nature of this intentional tort must, of itself, be a factor to be weighed in the balance in the claimant's favour» — thus Hoare's violent assault on Mrs A «was an appalling event», and «Moreover, in the context of the defendant's previous convictions..