Sentences with phrase «circumstances of the offence»

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.

In the Court of Appeal in Clunis, counsel for the claimant had argued that the courts should look at the seriousness and circumstances of the offence in order to determine whether the claimant should be allowed to maintain a cause of action.

Sinukoff does have a previous reprimand from 2007 for destroying evidence of a criminal offence to avoid charges being laid against his son, but the panel decided it was not relevant to the penalty in this case because of the very different circumstances of the offence.

A sentence in a particular case will vary depending on the circumstances of the offence and the offender.

Penalties for a conviction of trespassing at night will vary depending on the specific circumstances of the offence, and the characteristics of the offender and complainant, as well as the presence of any aggravating or mitigating factors.

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

McLachlin also cited a legal paper on mandatory minimums written by Ontario Superior Court Justice Renee Pomerance: «The determination of a fit and appropriate sentence, having regard to all of the circumstances of the offence and offender, may be determined in plea discussions outside of the courtroom by a party to the litigation,» wrote Pomerance, about the practical impact of mandatory minimum provisions.

Law students able to provide free legal information and may be able to assist you in court depending on your income and the circumstance of the offence

Reducing judicial sentencing discretion means that judges are less able to consider the circumstances of the offence and ensuring that any sentence is responsive to the historic disadvantage experienced by offenders from marginalized groups, including women.

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.

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

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.

For example, whether the offender is a youth and / or first offender, circumstances of the offence, factors relating to the victim, the effects of the offence, etc..

Penalties for a conviction of 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.

In deciding how to proceed, the Crown will consider any past related criminal record the accused may have as well as the circumstances of the offence.

[3] The circumstances of the appellant, combined with the circumstances of the offence, make a conditional discharge appropriate.

[31] The Guidelines require a score - based analysis focused on a myriad of factors relating to the circumstances of the offence.

The sentencing process involves balancing «the societal goals of sentencing against the moral blameworthiness of the offender and the circumstances of the offence».

The court will also look at the circumstance of the offence and offender, along with the impact a conviction would have on the offender.

Because of the circumstances of the offence, the strength of the case and the fact that Client had a previous record, it was impossible to avoid a criminal record.

These offences also carry potentially long jail sentences, some have mandatory minimums and others have minimums depending on the circumstances of the offence.

Chief Justice McLachlin concluded that the ground for denying bail on the basis of public confidence was not vague or overbroad because it instructed judges to focus on the gravity and circumstances of the offence, the potential lengthy term of imprisonment faced by the accused and the apparent strength of the prosecution's case.