Sentences with phrase «general deterrence with»

The «public interest» includes «a consideration of the principle of general deterrence with attention being paid to the gravity of the offence, its incidence in the community, public attitudes towards it and public confidence in the effective enforcement of the criminal law.»

Not exact matches

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.

I'm not slighting the tragedy that resulted in charges but, given what happened in Metron and why — all you need to do is read paras. 1 — 15, particularly paras. 9 - 15 — do you agree with the general deterrence rationale?

We agree with the government that the sentence is unreasonable and that it did not give adequate consideration to the seriousness of the offense, the need for general deterrence for white - collar crimes, and the need for some imprisonment.

It requires balancing general deterrence (and, relatedly, incapacitation) by a relatively long prison term with specific deterrence (and its other aspect, rehabilitation) by a relatively short term in prison.

«Insurers may well wish to deploy the tort with a view to heightening general deterrence of fraudulent claims»

However, the experience in relation to Hayward and Direct Line Group Plc, discussed above, shows that that may not necessarily be the case and, in any event, insurers may well wish to deploy the tort with a view to heightening general deterrence of fraudulent claims.

Payne's book in a nutshell: 1) politicians and most senior officials operate with the belief that there is a dependable «rational» basis for successful deterrence in which «rational» US opponents will respond prudently and cautiously to US nuclear deterrence threats; 2) the re-evaluation of nuclear strategy in expert circles since the Cold War exposes the deep flaws of Cold War thinking in general and the concept of «rational» deterrence in particular (partly because strategy was dangerously influenced by ideas about rationality from economics).