Sentences with phrase «circumstances of the case such»

In coming to its decision, the Crown will consider the various circumstances of the case such as the seriousness of the offence, the age of the accused, the accused's previous criminal record, etc..

The court in this case considered three issues: i) how, under the existing legislation, the court should set a minimum term when imposing a sentence of imprisonment for public protection where it is imposed upon a prisoner who is already subject to and serving an existing custodial term; ii) How the court should approach, as a matter of principle, imposing a sentence of imprisonment upon someone who is already serving a sentence of imprisonment for public protection and whether in the circumstances of a case such as this some adjustment, if it is otherwise permissible, may be made to the term which he is destined to serve before release may be considered; and iii) how in such circumstances, if it is permissible to do either the first or second as a matter of principle, the court should approach the time spent in custody.

It seems to me strongly arguable that in the circumstances of a case such as this, where the employer discovers that the employee has been in serious breach of duty and in breach of good faith, and then discovers that the employee is tied effectively to a rival already... then the employer has, even if he keeps the contract alive, no obligation to provide work; that obligation to provide work being interdependent with the obligation of the employee to act loyally.»

Finally, I do not accept, as contended by MTC, that in the circumstances of this case such an amount is disproportionate.

Not exact matches

in the case of our directors, officers, and security holders, (i) the receipt by the locked - up party from us of shares of Class A common stock or Class B common stock upon (A) the exercise or settlement of stock options or RSUs granted under a stock incentive plan or other equity award plan described in this prospectus or (B) the exercise of warrants outstanding and which are described in this prospectus, or (ii) the transfer of shares of Class A common stock, Class B common stock, or any securities convertible into Class A common stock or Class B common stock upon a vesting or settlement event of our securities or upon the exercise of options or warrants to purchase our securities on a «cashless» or «net exercise» basis to the extent permitted by the instruments representing such options or warrants (and any transfer to us necessary to generate such amount of cash needed for the payment of taxes, including estimated taxes, due as a result of such vesting or exercise whether by means of a «net settlement» or otherwise) so long as such «cashless exercise» or «net exercise» is effected solely by the surrender of outstanding stock options or warrants (or the Class A common stock or Class B common stock issuable upon the exercise thereof) to us and our cancellation of all or a portion thereof to pay the exercise price or withholding tax and remittance obligations, provided that in the case of (i), the shares received upon such exercise or settlement are subject to the restrictions set forth above, and provided further that in the case of (ii), any filings under Section 16 (a) of the Exchange Act, or any other public filing or disclosure of such transfer by or on behalf of the locked - up party, shall clearly indicate in the footnotes thereto that such transfer of shares or securities was solely to us pursuant to the circumstances described in this bullet point;

The Series A Preferred shall also be convertible into any future series of Preferred Stock (the «Future Preferred») under either of the following circumstances: (a) if such conversion is approved by the Board or (b) if such conversion is in connection with a future Preferred Stock equity financing in which the Company's fully diluted pre-money valuation is greater than the Company's fully diluted post-money valuation immediately following the Series A Financing contemplated by this term sheet (a «Future Financing»), in either case, on a one - for - one basis (subject to anti-dilution adjustment) at the option of the holder; provided however, if such conversion is in connection with a Future Financing, that the holder may convert into shares of Future Preferred only in the event that all of such shares of Future Preferred received by the holder upon conversion are sold to an Approved Investor (as defined below) no later than 90 days following the first closing of the Future Financing at a price per share no lower than the price per share at which the Company sells shares of such Future Preferred in the Future Financing and, provided further, that such Approved Investor is not an affiliate, family member, or related party of the holder.

Indeed, in the case of some investments, the potential losses may exceed the amount of initial investment and, in such circumstances you may be required to pay more money to support those losses.

Such bonuses can not be justified under the facts and circumstances of this case.

If it should happen that a true reflection of life is contained in this talk, if it is so that the ability and the occasion is vouchsafed me which enabled me to set it forth; yet it may also have happened, we can suppose such a case, that the circumstances under which it had to be spoken did not seem favorable.

They often include provisions about religious practices for the couple and for any children who may arrive; whether or not they plan to have children; what they will do in the case of a pregnancy not wanted by one or the other; what will happen if the couple decides to separate; what the financial arrangements will be in such a case; what provision will be made for the children; how in - laws, relatives, and friends will be included in the relationship; what sexual practices will be followed; under what circumstances the couple will move from one home to another; whose job will take precedence; and what kinds of freedom each partner is to have.

In Jesus» case it was a combination of factors — such as the fervent longing of oppressed people, their religious preparation and ethical sensitivity, the remarkable personal power of Jesus, and the particular circumstances of his death — which produced among his followers a mental and emotional situation favorable to the attainment of a remarkable new intensity of life, marked by love, loyalty, courage and joy, all for the sake of the Master, who had sacrificed his life for them and for the larger good he saw through them.

In 2007 the Committee used the same justification to attack Honduras» restrictive abortion laws, recommending «that the State party consider reviewing the law relating to abortion with a view to identifying circumstances under which abortion could be permitted, such as therapeutic abortions and abortions in cases of pregnancies resulting from rape or incest, and removing punitive provisions imposed on women who undergo abortion, in line with the Committee's general recommendation 24...»

America should seek the agreement of other powers for such operations but not fear unilateral action under exceptional circumstances — in the case of Iran's nuclear program, for example.

Of course, in many concrete cases circumstances may be such that they can not be solved in actuality.

list the circumstances in which referrals to an emergency room or further evaluation by a physician must be made (such as in the case of suspected concussion).

On the prayer by the engineers asking for an order of perpetual injunction restraining the Lagos State Attorney General or any officer under his authority from initiating or commencing criminal proceedings against them based on the verdict of the Coroner, Justice Buba held that such request was ungrantable in the circumstance of the case under review.

«I would conclude by stating categorically and without any equivocation that ANY link whatsoever with Mr. President, or any court case or cases, of my personal gift from my personal resources delivered to Justice Niyi Ademola by myself on that occasion or any suggestion whatsoever that it was anything but such a gift or that it ever came from Mr. President or at his instance or that I was acting, under any circumstances, on his behalf is most malicious, utterly ridiculous and in very poor and revolting taste and most undeserving of any further comments.»

In such circumstances there may not even have been an internal party leadership election, as the new leader may be chosen by acclaim, having no electoral rival (as in the case of both Brown and May).

In such cases Parliament should assert itself by calling him before the relevant select committee (home affairs) and if after a detailed examination he is found in a vote of the committee to be clearly liable, a report of the proceedings should be sent forthwith to the relevant minister which in the absece of exceptional circumstance should lead to his dismissal.

Schneiderman's directive instructs the district attorneys to investigate when an unarmed civilian dies at the hands of law enforcement or when there's a «significant question raised» as to whether that was the case, as each D.A. determines is «appropriate under the circumstances until such time as you are directed otherwise in writing by the Special Prosecutor.»

I hope that such circumstances are not repeated in the case of other Departments.

«I would conclude by stating categorically and without any equivocation that ANY link whatsoever with Mr. President, or any court case or cases, of my personal gift from my personal resources delivered to Justice Niyi Ademola by myself on that occasion or any suggestion whatsoever that it was anything but such a gift or that it ever came from Mr President or at his instance or that I was acting, under any circumstances, on his behalf is most malicious, utterly ridiculous and in very very poor and revolting taste and most undeserving of any further comments.»

What about the cases in which an exterior circumstance such as trauma in late pregnancy leading to premature birth with all the developmental issues those extra fragile babies have, trauma during delivery including the use of forceps or vacuums, or even vaccines post birth that can cause «severe abnormalities» does the same «option» stand - to kill a life or not?

In some of these cases, we will provide you with a prescription for antibiotics and instructions to fill the prescription under certain circumstances — such as the presence of warning signs that indicate the illness is getting worse.

In the Richards v State of Victoria case of 1969, the duty was expressed to mean «a teacher is to take such measures as are reasonable in the circumstances to protect a student under the teacher's charge from risks of injury that the teacher should reasonably have foreseen».

Make good use of case studies in magazines such as this, testimonials or social media to explore what others have to say of their experiences, how the product, has supported their unique circumstances, and what this might mean for your school.

In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action.

THIS FACT, BEING ABSOLUTELY contrary to life's rules, provoked enormous and, in the circumstances, perfectly justifiable anxiety in people's minds, for we have only to consider that in the entire forty volumes of universal history there is no mention, not even one exemplary case, of such a phenomenon ever having occurred, for a whole day to go by, with its generous allowance of twenty - four hours, diurnal and nocturnal, matutinal and vespertine, without one death from an illness, a fatal fall, or a successful suicide, not one, not a single one.

This is a beneficial option to have in case circumstances in your life change, such as an adverse medical diagnosis or the insurance coverage is needed for a longer period of time than originally anticipated.

Individual circumstances such as the amount of debt, amount of income, job stability, and medical or childcare costs will make some cases easier than others.

In certain circumstances such as the death or incompetence of an account holder, the law permits, or in some cases requires, the waiver of the early withdrawal penalty.

I doubt that there has ever been an investor in the history of the U.S. stock market who has done such a thing in worst - case - returns - sequence circumstances.

In certain circumstances such as the death or incompetence of an owner of this account, the law permits, or in some cases requires, the waiver of the early withdrawal penalty.

Spouses younger than 60 may be able to receive benefits in limited circumstances, such as cases of disability or if they are caring for a disabled child.

Surviving spouses who are younger than 60 receive benefits only in limited circumstances, such as cases of disability or caring for a disabled child.

In large scale rescue cases such as this, the resources of the Animal Shelter can be stretched thin and donations can help deal with unexpected circumstances and expenses.

This will save your money in case you will need to cancel your booking due to certain unavoidable circumstances such as bad weather, change of plan or medical reasons.

Whatever might have been the case in 1946, most of the world now believes that whaling should be reserved for very special circumstances — such as subsistence aboriginal whaling.

Under some circumstances actions that harm innocent others may be morally permissible on grounds of self - defence, and such circumstances may arise in the climate change case.

Despite widespread talk of population decline, it is important to emphasize that the only countries in the world to have experienced any declines beyond ∼ 1 % have all been associated with the special circumstances of the collapse of the former Soviet Bloc (and some microstates, such as a few island nations), and even in these cases, migration has played a major role in population changes.

While Edgar principles applied in the circumstances of this case, application of such principles meant that the husband could not be held to his agreement: neither party had had legal advice, still less «competent legal advice».

In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), the Court held that a Nevada statute requiring such identification did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures, nor, in the circumstances of that case, the Fifth Amendment's privilege against self incrimination.

When upon stopping a person under circumstances prescribed in subdivisions one and two a police officer or court officer, as the case may be, reasonably suspects that he is in danger of physical injury, he may search such person for a deadly weapon or any instrument, article or substance readily capable of causing serious physical injury and of a sort not ordinarily carried in public places by law - abiding persons.

One has to wonder though, in such circumstances, what the role of the publisher has become if it does not engage in editing and as is generally the case, does little by way of marketing?

Although, according to Smith, Microsoft was lawfully entitled under its terms of service to access accounts in such circumstances, given the changed environment of the «post-Snowden era», Microsoft will now refer such cases to law enforcement authorities.

Cases are assessed with consideration of an individual's unique life circumstances and related underlying concerns such as substance use disorders, mental health issues, unemployment, homelessness and other variables related to poverty.

As such, any promises that a firm of solicitors may make about concluding your case quickly — before they even have knowledge of your unique circumstances — should be taken with a healthy pinch of salt!

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.

However, special circumstances exist in certain cases of military benefits, such as Combat - Related Special Compensation payments and other forms of military disability payments that may not be divided in an Arizona divorce.

The way litigation in general works in the U.S. (such as the «American Rule» of no recovery of legal fees except under narrow circumstances) creates some opportunities for trolls, but with respect to the two concerns of this coalition of tech companies over the UPC, the German framework — which, again, would affect the whole of Europe based on the proposed rules of procedure — has terrible shortcomings in areas in which defendants in U.S. patent cases are actually in better shape.