Sentences with phrase «in summary conviction»

accused includes a defendant in summary conviction proceedings and an accused in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered; (accusé)

In the Summary Conviction Appeal Court Judge's view, the absence of lawful authority meant the accused's s. 8 Charter rights had been breached.

Not exact matches

In summary, while disappointed in the Q3 revenue shortfall, our conviction in our longer - term strategy in markets is stronger than eveIn summary, while disappointed in the Q3 revenue shortfall, our conviction in our longer - term strategy in markets is stronger than evein the Q3 revenue shortfall, our conviction in our longer - term strategy in markets is stronger than evein our longer - term strategy in markets is stronger than evein markets is stronger than ever.

«My point is that any summary conclusion jumping from our conviction of the existence of such an order of nature to the easy assumption that there is an ultimate reality which, in some unexplained way, is to be appealed to for the removal of the perplexity, constitutes the great refusal of rationality to assert its rights.»

We do not miss the loyalty of David's mercenary troops (15: 19 - 21); the narrator's conviction of the mature quality of David's faith (15:25 f.; 16:12); the essential gentleness of David in these most wretched hours (16:5 - 14); the brilliant, carnal symbol of Absalom's irrevocable usurpation (16:20 - 22) and its portentous recall of the David - Nathan encounter (II 12:11 - 12); the arch Old Testament realist, the remarkable pragmatist Ahitophel (17: 1 - 23); Joab, who always acts like Joab (18:10 - 15; 19:1 - 7; 20A - 13); David's pathetic concern, implicit throughout, for the defiant son (18:1 - 5); the moving grief of a father's utter brokenness in the loss of his son (18:33); the reassertion in this critical time of the old and always fundamental north - south cleavage (19:11,41 - 43); David's profound and probably chronic annoyance with the crude, brash, «muscular» ways of Joab and his brothers, the sons of Zeruiah (16:10; 19:22; see also 3:34 b; 3:38 f.); and finally, in a kind of pausal summary before the last scene of David's reign in I Kings 1 - 2, the statement of David's very modest bureaucracy (20:23 - 26; cf. the extensive elaboration of this structure under Solomon, I Kings 4:1 ff.).

The summary trial, conviction and sentencing were anything but a fair hearing / trial and last but not the least, the taking away of their liberty was not in accordance with procedure permitted by law as required under Article 14 (1).

In fact, since appearance of the contemnors before the Supreme Court (SC), their subsequent summary trial (if there was one), conviction and the fines imposed on all in addition to the jailing of the infamous Gang of Three, the case has generated a lot of debate amongst Ghanaians in and outside GhanIn fact, since appearance of the contemnors before the Supreme Court (SC), their subsequent summary trial (if there was one), conviction and the fines imposed on all in addition to the jailing of the infamous Gang of Three, the case has generated a lot of debate amongst Ghanaians in and outside Ghanin addition to the jailing of the infamous Gang of Three, the case has generated a lot of debate amongst Ghanaians in and outside Ghanin and outside Ghana.

The question again is, were the SC's summary trial, conviction and sentencing of the contemnors «in accordance with procedure permitted by law» prior to the SC interfering with the liberty of the contemnors?

But there's a catch for law school clinics, many of whom appear in the criminal courts to represent low income persons accused of summary conviction offences.

802.1 Despite subsections 800 (2) and 802 (2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province.

This is a summary of part of a published article that develops this theme: that poor resources given the criminal justice system, increases the probability of wrongful convictions in these ways:

The possible penalties on summary conviction are generally lower than on indictment, however the accused has more rights in a trial by indictment.

«Because of the force that a conviction has in a factually overlapping later civil proceeding, the plaintiff in a lawsuit may decide not to wait for trial to obtain a ruling on liability, preferring instead to move for summary judgment on liability to gain an upper hand,» Gracewrites.

(1) No person shall --(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

The summary conviction appeal court judge dismissed the appeals on the basis that the trial judge had jurisdiction in both matters, that the rules of procedure in both trials would essentially have been the same, and that Sciascia was not prejudiced by any differences in the applicable rules of evidence.

Finally, in March 1980, the POA replaced the Summary Convictions Act, «opening a whole new era in provincial offence procedure in Ontario.»

In 1975 the federal government, led by Liberal Prime Minister Pierre Trudeau, introduced an amendment to the Criminal Code that changed the procedure for appeal from a summary conviction proceeding.

The Summary Convictions Act in turn applied the Criminal Code provisions relating to appeals — including the provision that made every appeal from a Provincial Court decision a trial de novo.

Clause 24 of Bill S - 4 modifies section 28 of PIPEDA to provide that every organization that knowingly contravenes the new sections of PIPEDA requiring organizations to record and report breaches of security safeguards or obstructs the Commissioner in the investigation of a complaint or in conducting an audit will now be liable for fines of up to $ 100,000 for indictable offences, or for fines of up to $ 10,000 for offences punishable on summary conviction.

In addition to being a relatively expensive process and treating minor offenders like «criminals,» using the summary conviction procedure to prosecute provincial offences also imposed enormous financial and workload pressures on the provincial court.

In addition to the new civil penalty regime, the maximum penalty for criminal sentences for sanctions violations has been increased from 3 to 12 months on summary conviction, and from 2 to 7 years on indictment.

If the Crown chooses to proceed by summary conviction, the maximum punishment is 6 months in a provincial jail and / or a $ 5,000.00 fine.

The Summary Convictions Act in turn adopted the procedure set out in the Criminal Code for summary conviction ofSummary Convictions Act in turn adopted the procedure set out in the Criminal Code for summary conviction ofsummary conviction offences.

Singh alleged he was subjected to discrimination in employment on the basis of an unrelated criminal or summary conviction offence contrary to section 13 of the B.C. Human Rights Code.

By the Coroners and Justice Act 2009, s71 (in force on 6 April 2010) a person, who holds another person in slavery or servitude or requires another person to perform forced or compulsory labour (see Art 4 of the European Convention on Human Rights), is guilty of an offence liable on summary conviction, to imprisonment for a term not exceeding 12 months in England and Wales or six months in Northern Ireland or a fine not exceeding the statutory maximum, or both and on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine or both.

The duty counsel provided at Summary Conviction Drug Court is in collaboration with the Provincial Court of Manitoba.

In cases where there are no fines, the mandatory levy is $ 100 per summary conviction and $ 200 per indictable office.

If the offence was committed in relation to any place other than a dwelling house the maximum penalty is imprisonment not exceeding ten years for an indictable offence or an offence punishable on summary conviction (maximum fine of $ 5,000 or six months in jail or both).

Section 177 of the Criminal Code sets out that a conviction of trespassing at night is a summary conviction offence and can result in a penalty of up to six months imprisonment.

The offence is governed by s. 162.1 of the Criminal Code which provides (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct is guilty of (a) of an indictable offence and liable to imprisonment for a term not more than five years; or (2) of an offence punishable on summary conviction.

In separate summary conviction proceedings, each pled guilty.

The majority of criminal cases in Ontario are prosecutions «by summary conviction» and proceed to disposition of in the lower court (the Ontario Court of Justice).

There is no deadline for updating the private register of charges, however failure to comply with the obligation set out in section 162 of the Act is an offence and is liable on summary conviction to a fine of US$ 5,000.

Under the Criminal Code of Canada, anyone that is found guilty of Fraud under $ 5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years or, in less serious cases, by an offence punishable on summary conviction.

A breach of a PSPO will be an offence carrying, on summary conviction in the magistrate's court, a fine not exceeding level 3 (max # 1000).

Indictable offences have a higher possible penalty than offences prosecuted on summary conviction, however an accused has more rights in a trial for an indictable offence.

Duty of justice (2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.

It enacts as follows: 430 (4) Every one who commits mischief in relation to property, other than property described in subsection (3), (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; (b) is guilty of an offence punishable on summary conviction.

[9] The Court in Michael considered the case of an impecunious aboriginal offender who was being sentenced on nine relatively minor summary conviction offences.

Both in the «solemn» and the «summary» acquittals, not proven is interpreted as indicating that the jury or judge, respectively, is not convinced of the innocence of the accused; in fact, they may be morally or even factually convinced that the accused is guilty, but do not find the proofs sufficient for a conviction under the elements of the crime on the jury instruction / verdict form.

If the Crown indicates that the charges are serious enough then the Crown will proceed by what is called an «Indictment» instead of in the regular course (or by what is called by «Summary Conviction»).

The Summary Conviction Appeal Court Judge agreed the officer should have removed himself from the home and sought lawful authority to conduct the search which resulted in the seizure of the accused's firearms.

The Court of Appeal found there was ``... an arguable issue of substance in this case of sufficient importance to merit the attention of the full court...» since the Summary Conviction Appeal judge ``... did not conduct a meaningful analysis...» with respect to s. 489 (2), and the police «need to know» the scope of their powers in circumstances where firearms are involved and they are ``... lawfully in a residence with children present...» (See para. 11).

Did the summary conviction appeal judge err in upholding the decision to exclude the seized evidence?

Faulkner recommended that the Legal Aid Society open neighborhood law offices for civil law problems, supply lawyers to handle all hybrid offences and first summary conviction offences and provide duty counsel in criminal courts.

As recently demonstrated by the pending Greek prosecution of former Johnson & Johnson employees, which includes the prosecution of one individual, Robert Dougall, notwithstanding his 2010 prosecution by the SFO and conviction and sentence, [13] no settlement can confer an absolute guarantee against further proceedings in any jurisdiction — particularly not in jurisdictions where there is no limitation period for criminal offences (as in the United Kingdom, other than for summary offences).

Other «reasonable conditions... desirable to secure the good conduct of the defendant» can be added to the recognizance, and under subsection (3.2), the justice or summary conviction court «shall consider whether it is desirable, in the interests of the safety» of the defendant's spouse, common - law partner or child, to add to the recognizance either or both of these conditions:

Any person who makes or causes to be made any change in or suppression of the title, or the name of the author, of any dramatic or operatic work or musical composition in which copyright subsists in Canada, or who makes or causes to be made any change in the work or composition itself without the written consent of the author or of his legal representative, in order that the work or composition may be performed in whole or in part in public for private profit, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding four months or to both.

The lawyer that SLS had in place to argue for the status of SLS status in Court was never needed, the judge was convinced that SLS members were authorized to appear in Court by the express provision in the Criminal Code allowing agents to appear for individuals charged with Summary Conviction offences.

Any person who, without the written consent of the owner of the copyright or of the legal representative of the owner, knowingly performs or causes to be performed in public and for private profit the whole or any part, constituting an infringement, of any dramatic or operatic work or musical composition in which copyright subsists in Canada is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding two months or to both.