Sentences with phrase «by indictment»

Before a prosecutor decides if they will proceed by indictment, they will see if the accused person has a previous record with other assault convictions.

If prosecuted by indictment, the accused is liable to a term of imprisonment not exceeding two years.

In all cases charges that are pursued by indictment will be handled more seriously and will be accompanied by much more significant penalties.

The possible penalties on summary conviction are generally lower than on indictment, however the accused has more rights in a trial by indictment.

If found guilty by indictment, the accused faces imprisonment for a maximum of 10 years.

Stunned by the indictment of state Sen. John Sampson, charged with embezzling $ 440,000 from sales of foreclosed properties, the state Office of Court Administration launched a review of how foreclosure sales are handled.

Stunned by the indictment of state Sen. John Sampson (D - Brooklyn), charged with embezzling $ 440,000 from sales of foreclosed properties, the state Office of Court Administration launched a review Tuesday of how foreclosure sales are handled.

The reality is that maximums are set extraordinarily high such that crowns who feel the need to ask for a high sentence have only to elect by indictment to open up maximums on virtually every offence of 10 yrs +.

But Trump's claim of vindication appeared to be unsupported by the indictment and premature, as Mueller's probe has shown no signs of abating.

But there is a low road, as well, on which racist demagogues have followed after them, inspired by their indictments and encouraged by their attacks.

At the time, Flanagan's victory exposed upstate - downstate fault lines within the GOP conference in the Senate, which had been rocked by the indictment of ex-Majority Leader Dean Skelos.

Gardner co-signed at least $ 75,000 in unauthorized checks to himself during the approximately three - and - a-half year period covered by the indictment.

The NYT: «For all the talk among Gov. Andrew Cuomo and other leaders about cleaning up New York's rancid state government, it is the F.B.I. that is doing the cleaning — indictment by indictment.»

«I warned Bloomberg before this happened,» Ragusa said in a phone interview Monday, saying he was «saddened and surprised» by the indictment against Haggerty, who along with brother Bart have been warring with Ragusa over control of the Queens GOP.

Even with Silver and former Senate majority leader Dean Skelos ousted by indictment, and with the specter of Bharara hanging over Gov. Andrew Cuomo, the state's business proceeded during June's end - of - session crunch in exactly the same way it has for decades.

The charges against Mr. Silver upended the status quo in Albany, and were followed in short order by the indictment of another one of the room's three men, former Senate Leader Dean Skelos.

His election was a complete fluke caused by the indictment of the incumbent's father, a local town supervisor.

In recent years more legislators» careers have been ended by indictments than by ballots.

«How many times have we passed ethics reforms in the last several years — it's almost like an annual occurrence — and then followed very shortly thereafter by another indictment?»

Gulack's concerns are substantiated by another indictment of the EPA — this time in their handling of the hurricane Katrina disaster in New Orleans.

However, through s. 676 (1)(a) of the Criminal Code, Parliament limits Crown appeals against acquittals in proceedings by indictment to «question [s] of law alone.»

In serious cases, the Crown may proceed by indictment under section 267, which can result in penalties of up to five years imprisonment.

If the person is convicted of Sexual Assault by indictment, since the maximum possible sentence is 10 year's imprisonment, regardless of the actual length of the prison sentence, the SOIRA order will be for 20 years.

Justice Moldaver was of the view that the court should focus on the constitutionality of the Crown's election to proceed by indictment rather than summarily and not on the law itself, at para. 150:

Where the offence is prosecuted by indictment there is a statutory presumption under s. 471 that the trial will be by judge and jury.

Offence charged, part only proved 662 (1) A count in an indictment is divisible and where the commission of the offence charged, as described in the enactment creating it or as charged in the count, includes the commission of another offence, whether punishable by indictment or on summary conviction, the accused may be convicted

Usually, the Crown Attorney will proceed by summary conviction for less serious offences, but they may choose to proceed by indictment after considering factors such as the seriousness of allegations or the accused's prior criminal record.

When the Crown proceeds on such a charge by indictment, there is a three year mandatory minimum sentence.

Nothing in KRS 432.230 to 432.270 shall prevent any court or judge from proceeding against any person writing or publishing a libel or slanderous words concerning such court or judge in relation to his judicial conduct in court by indictment, nor prevent any court from punishing any person guilty of a contempt in resisting or disobeying any judicial order or process issued by or under the authority of such court.»

The maximum punishment on a first offence prosecuted by indictment is five years in jail.

If you're charged with a serious crime such as sexual assault, aggravated assault, the crown is going to elect by indictment.

After the charges are laid by the police it is up to the discretion of the Crown to determine whether the charges will be pursued by indictment or by summary conviction.

The Grand Jury of the County of Monroe, by this Indictment, accuses the defendant of the crime of COMBINATION IN RESTRAINT OF TRADE AND COMPETITION, in violation of General Business Law Sections 340 and 341, committed as follows:

He needs to just go away, whether by choice or by indictment.

The Identification of Criminals Act allows for the fingerprinting of those charged with tax evasion offences which may be prosecuted by indictment.

If you have been charged with a hybrid offence mitigating factors may influence the Crown's decision of whether or not to proceed by summarily or by indictment.

The prosecution (the Crown) decides whether to prosecute the case on summary conviction or by indictment.

The Court also rejected the trial Judge's finding that the law was sound because the mandatory minimum sentence only applied where the Crown elected to proceed by indictment and that the «reasonable exercise of Crown discretion would result in summary proceedings».

One of the most significant factors is whether the case is prosecuted on summary conviction or by indictment.

The same penalties apply to Domestic Assault as to Assault; up to five years» imprisonment if the Crown proceeds by indictment, although they tend to fall further towards the strict end of the spectrum.

If the offence is prosecuted by indictment, the maximum penalty is 10 years» imprisonment, and the minimum is 1 year's imprisonment.

One of the most important factors when a sentence is being determined is whether the Crown decided to proceed summarily or by indictment.

However, there is a category of hybrid offences where, even when the Crown elects to proceed by indictment, the accused will have no choice as to mode of trial, but must be tried by a Provincial Court judge.

Possessing child pornography is an offence that can be prosecuted either summarily or by indictment.