Sentences with phrase «impose mandatory sentences»

Former state Supreme Court justice Emily Jane Goodman said the toughening of guidelines has forced judges to impose mandatory sentences for certain crimes, which are out of sync with the offense or don't take into account extenuating circumstances.

Not exact matches

Mr Justice Dingemans imposed a mandatory life sentence and told the defendant he would serve a minimum of 20 years imprisonment.

A spate of new aggravating factors to be considered on sentencing relate directly to fraud cases and a two - year mandatory minimum jail sentence will be imposed on anyone convicted of a fraud involving $ 1,000,000 or more.

Any point total over 44 points means that a state prison sentence must be imposed unless the prosecutors agree or the judge chooses to depart below the mandatory prison term as called for by legal guidelines.

Many have mandatory minimum sentencing requirements, which means the judge can not impose less than the minimum.

In the case at bar, the Supreme Court overturned an increase in sentence imposed by the Court of Appeal, noting that «if Parliament hopes to sustain mandatory minimum penalties for offences that cast a wide net, it should consider narrowing their reach so that they only catch offenders that merit the mandatory minimum sentences.»

Criminal Law: Mandatory Minimums R. v. Nur (R. v. Charles), 2015 SCC 15 (35678)(35684) Mandatory minimum sentences imposed by s. 95 (2)(a) violate Charter s. 12.

He also apparently realized that the sentence was unsupported by Montana law, which imposes a mandatory minimum time in prison.

It might behoove the Minister to recall that, under his watch, mandatory minimum sentences are already being imposed for «illegal drugs and guns» along with new sentencing provisions for involvement in criminal organizations.

[2] Section 95 (2)(a) imposes mandatory minimum sentences for the offence of possessing prohibited or restricted firearms when... [more]

In imposing the sentence, the court specifically stated that it had no choice under mandatory guidelines.

Or, if the conviction is upheld, to find that the mandatory minimum sentence violates the Charter and impose a suspended sentence.

Moreover, if defendants take those cases to trial, some judges are more likely to impose a harsher sentence, while others will still give the mandatory minimum (albeit rarely).

Then imposed a sentence of six years in prison, slightly longer than the five - year mandatory minimum for a conviction for attempted murder with a firearm.

Being caught in a large - scale commercial grow may result in the imposition of as much as a3 year mandatory minimum sentence being imposed.

In cases where the alleged assault was committed with a firearm, where the victim was under the age of sixteen, where the assault was committed in relation to a criminal association or where the assault was a subsequent offence, the Criminal Code imposes mandatory minimum sentences.

In the result, a mandatory minimum sentencing provision may be challenged on the basis that it imposes cruel and unusual punishment (i.e. a grossly disproportionate sentence) on the particular offender before the court, or failing this, on the basis that it is reasonably foreseeable that it will impose cruel and unusual punishment on other persons.»

In R. v. Smith, [1987] 1 S.C.R. 1045 the Court had held that a challenge to the constitutional validity of a mandatory minimum sentence requires a twofold analysis: (a) the court must first determine what constitutes a proportionate sentence for the particular offence; and, (b) the court must then determine whether the mandatory minimum sentence requires that a sentence be imposed that is grossly disproportionate.

«I conclude that a mandatory minimum sentence may be challenged on the ground that it would impose a grossly disproportionate sentence either on the offender or on other persons in reasonably foreseeable situations.

«Ironically, despite rejecting the constitutional challenge to the five - year minimum sentence, the court's decision also proves that we do not require mandatory minimum sentencing laws to ensure that our courts impose appropriate and meaningful sentences.

This is why, I believe, that indefinite sentencing schemes leaving the judge with unfettered discretion within a given range is acceptable, but a definite sentencing scheme that imposes particular presumptions or mandatory penalties, and requires judges to find facts to address presumptions, is invalid in the Blakely universe.

If you are convicted of drug possession for sale, manufacture, or transport, and if the amount of the drug involved is above the statutory threshold amount, a mandatory prison sentence will be imposed.

In addition, the Criminal Code imposes mandatory minimum sentences for section 272 offences that are committed with a firearm, are committed in relation to a criminal association, involve a victim under the age of sixteen and / or are subsequent offences.

As reported in this post from yesterday, and as explained a bit more via this write - up I provided to the fine folks at SCOTUSblog, the Supreme Court yesterday in Dean v. United States, No. 15 - 9260 (April 3, 2017)(available here) ruled that the Eighth Circuit had been wrong to hold that, «in calculating the sentence for [a] predicate offense, a judge must ignore the fact that the defendant will serve the mandatory minimums imposed under § 924 (c).»

That's the dirty secret about mandatory minimums: They don't just lead to unjust sentences; they distort proceedings in countless cases where they are never imposed.

Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as «immensely cruel, if not barbaric.»

Earlier this year I started to correspond with Caleb Mason concerning his effort to preserve a sentence imposed below a federal mandatory minimum in the face of a government appeal.

However, a judge may still consider the prior record when sentencing and can impose the mandatory minimum as long as it is in the range of sentence.

In the last of three rulings on Monday, the Court decided unanimously that one does not «use» a gun, for purposes of imposing a mandatory five - year sentence, if the person receives the gun in a trade for drugs.

[2] Section 95 (2)(a) imposes mandatory minimum sentences for the offence of possessing prohibited or restricted firearms when the firearm is loaded or kept with readily accessible ammunition (s. 95 (1)-RRB--- three years for a first offence and five years for a second or subsequent offence.

The accused argued that s. 95 (2)(a)(i), which imposed a mandatory minimum sentence of three years for a first offence under s. 95 (1), was contrary to...

The accused challenged the constitutionality of the mandatory minimum three year sentence imposed by...

Any law that imposes the penalty of imprisonment, whether the sentence is mandatory or discretionary, is by virtue of that penalty a deprivation of liberty, and must conform to the principles of fundamental justice.

Conservative: Harper beefed up marijuana laws as part of the massive Safe Streets and Communities Act, a bill that imposed harsher sentences — and mandatory minimums — on marijuana traffickers.

In his last act as a member of Parliament, former Liberal justice minister Irwin Cotler introduced a private members» bill that would allow judges to impose a fair and appropriate sentence, notwithstanding mandatory minimums.

Ontario's Court of Appeal yesterday issued decisions in 6 cases arising out of challenges to the mandatory minimum sentences imposed with respect to various firearms - related offences.

The 21 - month - jail term set out by Campbell is actually one of the lowest sentences imposed for this offence since the mandatory minimums were struck down in Ontario.

The judge then imposed an added eighty - four months of sentence on top of the forty - six months — as required under the federal law that imposes a mandatory minimum sentence for brandishing a gun.

However, as I have noted, the Crown has not argued the sentence is unfit beyond that the mandatory minimum should have been imposed.»

Just as in mandatory sentencing systems, judges in discretionary systems must make factual findings to determine the appropriate sentence to impose.

In remote communities in the Northern Territory, mandatory sentencing laws were seen as an imposed solution, without consultation.