Sentences with phrase «mandatory sentences where»

Many offences contained in the Criminal Code contain enhanced mandatory sentences where firearms are used.

On drug offences, the book says prosecutors should stick with the mandatory sentence where it is supported by the facts and, as a general rule, not discard the minimum to achieve a plea bargain.

Not exact matches

Jeffries is for now insisting he wants to make his career in Congress, where he's become a force in the Judiciary Committee on criminal justice issues, especially aggressive police tactics and mandatory minimum sentences.

While these sentencing options are generally available to judges even where specific statutory language is lacking, adding them as mandatory provisions in each state's anti-cruelty laws would result in such sentencing orders becoming routine.

Thus in Secretary of State for the Home Department, e x parte Doody [1994] 1 AC 531, [1993] 3 All ER 92, where the issue was whether the home secretary was under a duty to give reasons for a decision relating to the prescribed period which a mandatory life sentence prisoner must serve before being eligible for parole, the House of Lords held that the decision in question was sufficiently important for it to be accompanied by reasons.

An accused who was previously eligible for a lenient sentence or who had racked up considerable pre-sentence custody could throw in the towel and make peace with Her Majesty but is now encouraged to take a shot at trial even where he assesses his own chances of winning the case as poor — if you're getting slammed by a mandatory minimum whether you plead guilty or not, you may as well spin the wheel of justice and see what happens.

The Court also rejected the trial Judge's finding that the law was sound because the mandatory minimum sentence only applied where the Crown elected to proceed by indictment and that the «reasonable exercise of Crown discretion would result in summary proceedings».

Sotomayor's Experience in Sentencing: Sentencing guru Doug Berman points out in two posts, here and here, that Sotomayor is unique in that she has actually had experience sentencing defendants under federal guidelines, including during the time where the guidelines were Sentencing: Sentencing guru Doug Berman points out in two posts, here and here, that Sotomayor is unique in that she has actually had experience sentencing defendants under federal guidelines, including during the time where the guidelines were Sentencing guru Doug Berman points out in two posts, here and here, that Sotomayor is unique in that she has actually had experience sentencing defendants under federal guidelines, including during the time where the guidelines were sentencing defendants under federal guidelines, including during the time where the guidelines were mandatory.

In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment,» said the majority.

While the mandatory minimum sentences for impaired driving continue to apply, obviously significantly increased penalties are common in cases where serious injury or death results.

«In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment.»

«Mandatory sentencing makes sense for crimes like murder and rapes, but some of the drug charges where it is mandatory is frustrating,»Mandatory sentencing makes sense for crimes like murder and rapes, but some of the drug charges where it is mandatory is frustrating,»mandatory is frustrating,» he said.

R v. Nasogaluak, 2010 SCC 6 where Andrew Lokan and Danny Kastner represented the Canadian Civil Liberties Association at the Supreme Court of Canada and successfully argued that sentence reductions, even below mandatory minimum sentences, ought to be available as a remedy for unconstitutional state conduct in the criminal justice process.

When offences have mandatory minimum penalties, the report notes, Crown election provides some discretion for prosecutors to pursue proportionate sentencing for less serious cases by electing to proceed by summary conviction — especially where an offender agrees to plead guilty — which some have argued increases the discretionary power of prosecutors.

hen offences have mandatory minimum penalties, the report notes, Crown election provides some discretion for prosecutors to pursue proportionate sentencing for less serious cases by electing to proceed by summary conviction — especially where an offender agrees to plead guilty — which some have argued increases the discretionary power of prosecutors.

Court appearances are mandatory for more serious offenses, such as driving under the influence (DUI) and reckless driving, where a jail sentence is possible.

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.

I conclude that the jurisprudence on general Charter review and on s. 12 review of mandatory minimum sentencing provisions supports the view that a court may look not only at the offender's situation, but at other reasonably foreseeable situations where the impugned law may apply.

«The Court of Appeal said that that was a perfectly appropriate type of sentence and that there was no reason to go below that mandatory minimum, nor could they think of a scenario where it could be warranted,» says Brown.

HB 3381 is the more limited of the two and focuses exclusively on cases where there are mandatory minimum sentences under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) and or 137.707 (Adult prosecution of 15 -, 16 - or 17 - year - old offenders; mandatory minimum sentences)

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.»

Nothing in the safety valve prevents judges from sentencing prisoners at or above the mandatory minimum even if they are eligible for the safety valve, but simply allows judicial discretion to ensure that prison resources are being used where they can best protect public safety, and not wasted on nonviolent, low - level drug offenders.

Therefore, some flexibility is required to deal with those exceptional circumstances where the imposition of a mandatory minimum sentence would run afoul of the Charter.

Where a mandatory minimum was found unconstitutional, the removal of a minimum «doe snot operate to diminish the whole previously established sentencing pattern» proportionate to the previous minimum.

First, recent Tory amendments whittling away at judicial discretion in sentencing by increasing the number of offences subject to mandatory minimum penalties will only create new and more tragic examples of cases where a manifestly unjust sentence is required by statute.

«We may not have mandatory minimums, but the sentences are still very close to where it was,» says Scaramuzza.

There is also no evidence that «mandatory sentencing is likely to produce an outcome where indigenous people... would be less represented in the statistics».