Sentences with phrase «of aggravating circumstances»

Therefore, the wording of the proposed amendment before us today is similar to one of the aggravating circumstances added to the Criminal Code last year regarding fraud.

Despite recognizing that some other courts have reached a different conclusion, the Ohio Supreme Court held that jury's weighing of aggravating circumstances against mitigating factors is not a fact - finding process, so it is not governed by Hurst, but even if it were, there was no violation because Ohio law requires the jury to unanimously agree that aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt before the trial judge can consider imposing a death sentence.

The evidentiary record contained other evidence of aggravating circumstances relevant to the defendant's vehicle operation.

The court also granted the defendant's motion for a directed verdict on the issue of aggravating circumstances damages.

Any finding of aggravating circumstances pursuant to this section shall be stated on the record and upon the order of protection.

Examples of an aggravating circumstance may include using a deadly weapon or intending to commit a serious felony (e.g., sexual assault, murder, robbery).

Not exact matches

Rather, they can lease things and can make the most of their trips and maintain a strategic distance from disorderly and aggravating circumstances.

In the «Affidavit of Sean Swain» he explains the circumstances of his arrest and the injustice of his convictions for murder and aggravated murder in the early 1990's, for acts which he claims were in self - defense.

create a new felony crime of endangering the welfare of a child, boosting the current misdemeanor penalty from one year in jail to up to seven years in jail if there are aggravating circumstances;

«Most of the time you're not really aware of it, but when there are other aggravating circumstances — if it's thicker than normal or if there's volume of production — you become more aware of the mucus.»

So, instead of merely having a broad - based law against theft / fraud, and allowing the judges discretion for aggravating / extenuating circumstances, we create lots of little theft / fraud laws to fit each situation, fighting the last war.

«[T] hat entering on to another's property for the purpose of carrying away his pet is an aggravating circumstance» which would support a claim «for intentional infliction of emotional distress.»

In aggravated circumstances — such as where the dog seriously injures or kills a person, or a qualified behaviorist who has personally evaluated the dog determines that the dog poses a substantial risk of such behavior — euthanasia may be justified.

Hence, in circumstances where property rights and conflict management institutions are ineffective or illegitimate, efforts to mitigate or adapt to climate change that change the distribution of access to resources have the potential to create and aggravate conflict.

Only a fatality can aggravate the circumstances and lead to the possibility of adding time to the statute of limitations.

In light of the broad definition of assault above, penalties for an assault conviction can vary depending on the specific circumstances of the offence, the offender, and the complainant, or the presence of «aggravating» or «mitigating» factors, which result in greater and lesser penalties, respectively.

Penalties for a conviction of criminal harassment will vary depending on the specific circumstances of the offence, the characteristics of the offender and the complainant and the presence of aggravating or mitigating factors.

Not disclosing in such circumstances means a person could be convicted of aggravated sexual assault.

Plain vanilla sexual battery includes the circumstances of subsection A (4) of § 18.2 - 67.3 of Virginia's statutes and some special «statutory rape» / «position of trust» type conduct that is outside of the scope of both A (4) type conduct and aggravated sexual battery generally.

I didn't follow closely the trial you mention or the related commentary, but I wonder about the value of other offences you note — assault or, in appropriate circumstances, aggravated assault — and whether these capture adequately the strangulation action.

Penalties for a conviction of voyeurism will vary depending on the specific circumstances of the offence, and the characteristics of the offender and complainant, as well as the presence of any aggravating or mitigating factors.

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

That her boyfriend was in prison is an aggravating circumstance on the issue of her sentence.

Cases in the Sentencing Quantum Service are arranged by main offence, with details of count (s), prior record, aggravating circumstances, imprisonment / fine and order provided.

Penalties for a conviction of aggravated assault will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Penalties for a conviction of assault with a weapon will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Penalties for a conviction of domestic assault will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Ultimately, aggravated damages depend on a case by case assessment, including the evidence, the circumstances surrounding the termination, and the mercy of the court.

Therefore when certain aggravating circumstances exist the maximum prison term for certain offences is raised to at least 5 years, for example when botnets (a network of infected computers which can be controlled remotely) are used by a criminal organization or when attacks are launched on a significant number of information systems.

In some states, Missouri for example, a wrongful death case may permit recovery of special damages for «aggravating circumstances» that are unique to such cases.

The crime of criminal sexual assault may be aggravated if certain facts or circumstances are present.

Application of an administrative penalty in relation to the company depends on the nature of a violation, the property and the financial circumstances, as well as the respective mitigating and aggravating circumstances.

If you are convicted of a theft crime, your penalties will be based on your previous criminal record, the value of the goods stolen, and whether there were any aggravating circumstances to the crime.

In pursuing charges of aggravated assault, the prosecution must prove that there was at least one aggravating circumstance to elevate the offense.

I suspect that there are a number of important interrelationships between toxic reactions to separation and the circumstances that aggravate those reactions, on the one hand, and, on the other, social norms which stipulate that committed relationships be monogamous or diamorous in nature, heteronormative stereotypes and certain social baggage relating to gender roles and inequality between women and men.

Consequently, while the traditional factors to be considered in determining general damages for defamation remain relevant (for instance, the plaintiff's conduct, position and standing, the nature and seriousness of the defamatory statements, the mode and extent of publication, the absence or refusal of any apology or retraction, the whole conduct and motive of the defendant from publication through judgment, and any evidence of aggravating or mitigating circumstances), they must be examined in light of the internet context of the offending conduct.

The criminal law has statutorily recognized the concept of breach of marital trust, in s. 718.2 of the Criminal Code of Canada, by requiring the sentencing judge to consider an increase in sentence where, as an aggravating circumstance, the offender abused his spouse or common - law partner when committing the offence.

Upon a showing of good cause, the district court may grant a motion to file a late notice of intent to seek the death penalty or of an amended notice alleging additional aggravating circumstances.

By way of comparison to what I just mentioned, the proposed aggravating factor in Bill C - 36 would recognize that the impact of crime on a victim may be exacerbated by a combination of the person's age, health and personal circumstances.

The Criminal Code also lists other aggravating factors that address some of the circumstances often present in cases of elder abuse.