Sentences with phrase «cases as criminal acts»

Under this Act, the law enforcement agencies are required to respond to and treat domestic violence cases as criminal acts.

Not exact matches

Whereas BAIPA protects the right to life of the child who survives an abortion, the Pennsylvania act protects the child who could survive an abortion, making it criminal in most cases to abort the child and, where an abortion is permissible within narrow limits, requiring doctors to treat the child as a second patient who should be brought into the world alive and unharmed if possible.

You had 18 criminals use religion, in this case Islam, as a front to perform criminal acts against Western society.

But when the Holocaust is interpreted as an act so monstrous that it is separate and distinct from all other human evil; when the victims are understood as a special case among all other victims of oppression; when the men who did this deed are differentiated from all other men as being singularly demonic and non-human — then there is no connection between those criminals and ourselves, no possible continuum between our sin and Nazi sin.

Adds the criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist as a designated offense for purposes of obtaining eavesdropping warrants as well as adding the offense as a criminal act for the purposes of prosecuting enterprise corruption cases.

Mr Koky Anyidoho was optimistic that in the face of fairness and good judgment, he will also be given a Judge to quickly look into the issue as he put it «about Bawumia's attempt to burn and destroy this nation through criminal act by providing a fake document to mislead a public officer» in this case the Electoral Commission.

In contrast, Low - Hogan stated that she was unconvinced that the map could act as a «road map» for criminals seeking targets, though she did express support for exceptions in the case of risks to health and safety of specific persons such as those impacted by domestic violence.

We write in our capacity as citizens of the Republic of Ghana invoking the powers of this Commission under Article 218 (a) of the 1992 Constitution of Ghana and section 7 (1)(i) of the CHRAJ Act 1993 (Act 456), as amended, which states «to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties», to investigate a case of professional misconduct bothering on official corruption and corruption - related activities involving ACP Mrs. Maame Yaa Tiwaa Addo Danquah, the current acting Director - General of the Criminal Investigations Department (CID) of the Ghana Police Service.

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

Article 14 (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law; Article 19 (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution.

By Section 270 of the Administration of Criminal Justice Act, a plea bargain agreement is allowed as in this case, wherein the first defendant has provided relevant information to aid the prosecution of this case... it appears to me that by the above provisions of the ACJA, under a plea bargain agreement, the appropriate sentence to be recommended should be within the appropriate range of punishment stipulated for the offence charged.

Survivors of child sex abuse recently have made themselves heard across New York in recent weeks, as they push for passage of the state's Child Victims Act (CVA), legislation that would increase both the criminal and civil statute of limitations on sex abuse cases.

He said, «In the course of further review of facts of this case, it transpired that the legal issues arising from the originating motion of the applicant are very recondite and novel as there have not been concrete apex court decisions on them and they also affect and will affect many criminal and civil cases all over Nigeria where the Administration of Criminal Justice Act is being appliedcriminal and civil cases all over Nigeria where the Administration of Criminal Justice Act is being appliedCriminal Justice Act is being applied.»

Gary Greenberg, who lives in New Baltimore, Greene County, and is a minority owner of the casino, hotel and racetrack Vernon Downs, told the Daily News he can't understand why the Legislature won't act to give adults who were victimized as children more time to bring criminal and civil cases against their abusers.

A lookback window is among the most controversial components of the Child Victims Act, which would make it easier for abuse survivors to seek justice as adults by extending the timeframes they can bring criminal and civil cases.

In any proceeding for criminal contempt arising under title II, III, IV, V, VI, or VII of this Act, the accused, upon demand therefor, shall be entitled to a trial by jury, which shall conform as near as may be to the practice in criminal cases.

Generally speaking, the ECtHR considers that to assess the existence of a reasonable suspicion, it is necessary to check «whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security» (para. 260 of the case Zakharov v. Russia).

As an example of the former, one of the subject areas I have used for a writing assignment is landowner liability to trespassing children.40 Even though these cases are not within our first - semester coverage, I assign several cases from a later part of the casebook so the students can see how this area of law has evolved and how it works in different jurisdictions.41 An example of reordering covered material occurs around the final writing assignment, which involves a landlord's liability for the criminal act of a third party.

As discussed above, in 1999, the Competition Act's criminal misleading advertising provisions were replaced with a dual - track system which retains a criminal offence for serious cases, and deals with the rest through a civil system.

And before his colorful turn of phrase in Windsor, Justice Scalia created an even more vivid mental picture with his dissent in a criminal case.14 Justice Scalia deplored what he saw as the court's ever - expanding definition of what constitutes «violent felonies» under the Armed Career Criminal Act, calling the statute vague and the majority's expansion of it a «tutti - frutti opinioncriminal case.14 Justice Scalia deplored what he saw as the court's ever - expanding definition of what constitutes «violent felonies» under the Armed Career Criminal Act, calling the statute vague and the majority's expansion of it a «tutti - frutti opinionCriminal Act, calling the statute vague and the majority's expansion of it a «tutti - frutti opinion.»

Enrico also works frequently with criminal counsels on white - collar crime cases and acts as counsel and arbitrator in arbitration proceedings.

At the outset of his career, after qualifying as an attorney, Royston joined the civil service as State Counsel and Deputy Public Prosecutor, acting for the state in a wide variety of criminal matters, including capital murder and drug - trafficking cases.

● Guardian of the public interest, specifically in the context of legal proceedings such as commencing / terminating criminal prosecutions, charity matters, the appointment of «advocates to the court» (whose role is to act as neutral advisers to the court) and «special advocates» (whose role is to represent the interests of parties in cases with a national security dimension).

Consequently, as we enter the Bribery Act enforcement era with expanded corporate criminal liability and a new corporate offence of failing to prevent bribery, the trend to civil recovery is likely to be short lived and viewed as a pragmatic «stop gap» response to apparent deficiencies in the criminal justice architecture rather than as a long term enforcement trend in settling overseas corruption cases involving companies.

«The appellant maintains that, by its nature, a tax on criminal defence legal fees will, at some level, be prohibitive or at the very least act as an impediment to or will interfere with the right to counsel since the additional cost of the tax to an accused will interfere with the financial resources available to mount a defence to the charges brought against him or her,» wrote Tax Court of Canada Justice Brent Paris, summing up the firm's case.

The human rights aspect of the case will be governed by whether or not the third party applied themselves to a disclosure application and upon the relevance criteria contained within the Magistrate's Court Act 1980, s 97 and the Criminal Procedure (Attendance of Witnesses) Act 1965, s 2 (as amended) in the Crown Court.

Our office has direct experience in white collar crime cases in these criminal acts, both as defence counsels for people and companies who had some misunderstandings with authorities and on the side of victims of these criminal activities.

Whether you are facing a Motor Vehicle Act offence traffic ticket, such as speeding, or criminal driving matter such as dangerous driving, we have the skills to defend your driving case.

As a partner in our Special Matters and Investigations practice, Mark's practice has been nationally acclaimed, and he has been widely recognized for the positive results he obtains for an array of clients in criminal and civil cases, including governmental investigations, prosecutions and False Claims Act civil litigation.

This is as follows: the Base Term, which changes by drug, is the least jail time whatever the case; Conduct Enhancements, which magnify the intensity of the sentence inning accordance with any extra criminal acts — for example, if a transgressor was not just making the drugs readily available however offering to minors, this will likely bring extra charge charges; and Status Enhancements, which relate to the wrongdoer's history and if it's the very first arrest and, if not, if each of the regards to previous sentences or probation were adhered to.

Jamie Butler is an experienced Vancouver based injury lawyer who has acted as counsel in cases in child injury accident cases where injuries claimed range from minor whiplash to serious brain injuries and even criminal matters.

The legislative authority enabling a court to award costs in criminal proceedings is primarily contained in Part II of the Prosecution of Offences Act 1985 (sections 16 to 19B), the Access to Justice Act (in relation to funded clients) and in regulations that have since been made pursuant to these statutes, including the Costs in Criminal Cases (General) Regulations 1986, as criminal proceedings is primarily contained in Part II of the Prosecution of Offences Act 1985 (sections 16 to 19B), the Access to Justice Act (in relation to funded clients) and in regulations that have since been made pursuant to these statutes, including the Costs in Criminal Cases (General) Regulations 1986, as Criminal Cases (General) Regulations 1986, as amended.

If, however, the ECtHR continues to criticise the powers of COs to «try» cases internally, this begs the question whether summary only offences (such as battery contrary to the Criminal Justice Act 1988, s 39 and AA 1955, s 70) should be tried by a CO..

As is typical of most business prosecutions over the past several years that criminalize questionable business judgment rather than clear white collar criminal acts such as embezzlement, the case against Collins was a jumble of conclusory allegations of fraud without any specific allegations of what Collins did that was criminaAs is typical of most business prosecutions over the past several years that criminalize questionable business judgment rather than clear white collar criminal acts such as embezzlement, the case against Collins was a jumble of conclusory allegations of fraud without any specific allegations of what Collins did that was criminaas embezzlement, the case against Collins was a jumble of conclusory allegations of fraud without any specific allegations of what Collins did that was criminal.

Our team members work alongside law enforcement as well as with other government offices when approaching drunk driving cases or other situations where our clients have been injured by criminal acts caused by third parties.

In all cases of criminal contempt arising under the provisions of this act, the accused, upon conviction, shall be punished by fine or imprisonment or both; Provided however, that in case the accused is a natural person the fine to be paid shall not exceed the sum of $ 1,000, nor shall impriSonment exceed the term of six months; Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury; Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court on conviction is a fine in excess of the sum of $ 300 or imprisonment in excess of forty five days, the accused in said proceeding upon demand therefor, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases.

The violent act of rape certainly is a crime against the social fabric as a whole, which is how criminal law prosecutes cases.

The Supreme Court Term is winding down, and we might get a ruling as early as this coming wee in the (re) argued case Johnson v. US concerning the (un) constitutionality of the Armed Career Criminal Act.

As Queen's Counsel in both criminal and civil fields, Gerard specialises in many aspects of regulatory work and has acted in recent major cases involving catastrophic road, air, chemical, nuclear, construction, rail, shipping, product liability and environmental matters.

As a result of difficulties proving the case and violations of the accused's rights advanced by the defence, the case resolved on a plea to careless driving under the Highway Traffic Act, which allowed the accused to keep his driver's licence and avoid a criminal record.

The «Clarifying Overseas Use of Data Act,» aptly shorthanded as the CLOUD Act, successfully mooted the issue presented in the United States v. Microsoft Corp. case recently dismissed by the United States Supreme Court by instituting a new framework for cross-border discovery in criminal actions.

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.

Words spoken which amounted to part of the offence being charged — in this instance Public Order Act 1986, s 5 — did not fall to be considered under the Police and Criminal Evidence Act 1984 (PACE 1984) Codes of Practice, para 11.13 Code C and there was no duty on the police to give the detainee an opportunity to read the police record of what was alleged to have been said and sign it as correct — or not as the case may be.

The court added: «A further matter of concern is that the judge may have been left with the view that the officers of the first defendant [the BTP] had some suspicions about the honesty of the firm L simply because it had been instructed to act for MS.. But, as Keene LJ said in the Faisaltex case (at para 47) «A solicitor is not to be regarded as someone tainted and unreliable because, for example, he acts for someone charged with or convicted of a criminal offence.

Amy acted for the claimant in this high - profile judicial review of the Government's procurement of criminal legal aid services, featured as one of the Lawyer's «Top 20» cases of 2016.

The 2001 Virginia Supreme Court case Thompson v. Skate America, Inc. held as a general rule that a person does not have a duty to warn or protect another from criminal acts of a third person.

While undoubtedly these rules are well suited to other contexts, particularly where (as with Title VII) they are required by an Act of Congress, [n8] they seem curiously out [p127] of place when applied to peremptory challenges in criminal cases.

In such cases economic and political pressure are permitted as long as it does not rise to the level of a tortious or criminal act.

In May, he acted as independent prosecutor for Ontario in the case of criminal charges of dangerous driving and negligence against former attorney general Michael Bryant in the death of cyclist Darcy Allan Sheppard.

If the case goes to court, in offences based on negligence, the court must determine whether an individual acted so carelessly or with such reckless disregard for the safety of others as to deserve criminal punishment.