Sentences with phrase «mitigating factors in the case»

Section 718.2 (a) of the Criminal Code states that judges in criminal cases are requires to either increase or decrease an offenders sentence based on the aggravating and mitigating factors in the case.

Your defence lawyer will have the opportunity to argue any mitigating factors in your case to the judge prior to sentencing should you be convicted.

Your defence lawyer may also use mitigating factors in your case to negotiate with the Crown.

Judges must inform defendants that «Do you understand that you have the right to proving the existence of mitigating factors in your case.»

The court is required to weigh all relevant aggravating and mitigating factors in the case in order to determine a just sentence for the accused.

(v) As far as apparent age was concerned, the definitive guideline only referred to it as being capable of being a mitigating factor in the case of an offender under the age of 18, where such an offender reasonably believed the other person to be 16 or over.

Not exact matches

She showed that once people feel a sense of disgust, it is difficult for them to take into account mitigating factors important in the process of law, such as the intentions of the people involved in a case.

«To mitigate the effects of climate change, we can talk about two types of options: to attack it at its origin, by eliminating or reducing the human factors that contribute to it (such as, reducing emissions, controlling pollution, etc.) or developing strategies that allow for its effects to be reduced, such as, in the case that concerns us, increasing green areas in cities, using, for example, the tops of buildings as green roofs,» states the University of Seville researcher, Luis Pérez Urrestarazu.

Though the Criminal Code does not provide a list of mitigating factors to be used in determining a fair sentence in a criminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particular case.

The Office of US Probation will then prepare a report, a Presentence Investigation Report (PSR), where a probation officer will detail any aggravating and mitigating factors present in the case.

While sentencing guidelines are followed in the vast majority of cases, courts are allowed to impose a softer or harsher sentences «when substantial and compelling aggravating or mitigating factors are present.»

The judge in the case will weigh both mitigating (factors that work in the favor of the accused) against aggravating factors (factors that work against the accused) to determine a just and fit sentence for the crime committed.

The Criminal Code does not explicitly list mitigating factors which judges should use to determine the fair sentence in a particular case.

Section 718.2 (a) of the Criminal Code requires judges to increase or decrease the sentence in a particular case based on the mitigating and aggravating factors presented by the defence and Crown attorney's.

It is imperative that your defence lawyer communicate any and all mitigating factors to the Crown as soon as possible to ensure the best possible outcome in your case.

Assuming the offender is convicted, mitigating factors can play a big role in determining the proper sentence in a particular case.

In addition to influencing how the Crown will handle the case, mitigating factors may also be important during the sentencing phase of a criminal prosecution.

The judge will weigh both the mitigating and aggravating factors in the case when making sentencing decisions.

In these cases, the accused will often be required to attend some sort of treatment program which can be used as a mitigating factor at the accused's sentencing.

There are a variety of factors involved in homicide cases, such as mitigating or aggravating circumstances, as well as statutory enhancements.

«One factor that will mitigate a significant damages award in this case is that it appears that the alleged defamatory statements have been retracted and the defendants have published a contemporaneous apology.

In this case, the suspect can argue duress as an exculpatory and / or mitigating factor.

The specific penalties that are imposed in your criminal burglary case will depend on the mitigating (helpful) and aggravating (harmful) factors that are present.

Additionally, the court is required to weigh the mitigating and aggravating factors in the case prior to imposing a sentence.

Defendants may raise contributory negligence as a mitigating factor to minimize damages in these kinds of cases if the plaintiff chose not to wear a seatbelt, strapped a child in their seat improperly, or was driving recklessly or under the influence.

In a recent drunk driving case from the Ontario Court of Justice, the judge noted that the accused expressed visible remorse, had already engaged in numerous hours of community service, and was pursuing therapy for substance abuse — all of which were considered significant mitigating factors in his favouIn a recent drunk driving case from the Ontario Court of Justice, the judge noted that the accused expressed visible remorse, had already engaged in numerous hours of community service, and was pursuing therapy for substance abuse — all of which were considered significant mitigating factors in his favouin numerous hours of community service, and was pursuing therapy for substance abuse — all of which were considered significant mitigating factors in his favouin his favour.

Consider a defendant in a case without Blakely factors who might reasonably think she has a chance of a lower sentence without the guidelines» limits on the consideration of mitigating circumstances.

In a recent arbitration decision involving a case of petty theft in the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penaltIn a recent arbitration decision involving a case of petty theft in the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penaltin the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penaltin determining the penalty.

In @David Frol's case, there is the mitigating factor that his IRA is only a 10 % equity holder in the property LLC, and therefore that property LLC is not a disqualified party to his plan - but, that still precludes David from providing a direct or indirect benefit to his plan, and serving as realtor for the LLC partially owned by his IRA - LLC would pretty obviously be such an indirect benefiIn @David Frol's case, there is the mitigating factor that his IRA is only a 10 % equity holder in the property LLC, and therefore that property LLC is not a disqualified party to his plan - but, that still precludes David from providing a direct or indirect benefit to his plan, and serving as realtor for the LLC partially owned by his IRA - LLC would pretty obviously be such an indirect benefiin the property LLC, and therefore that property LLC is not a disqualified party to his plan - but, that still precludes David from providing a direct or indirect benefit to his plan, and serving as realtor for the LLC partially owned by his IRA - LLC would pretty obviously be such an indirect benefit.