Sentences with phrase «of aggravated»

Wei Xin Huang, 29, off Markham is charged with two counts of kidnapping with the intent to hold for ransom, as well as one count of aggravated assault and one count of manslaughter.
Among young children, for example, those living with no biological parents, or in single - parent households, are less likely than children with two biological parents to exhibit behavioral self - control, and more likely to be exposed to high levels of aggravated parenting, than are children living with two biological parents.
If you have been accused of aggravated abuse of an elder or disabled individual, contact the law firm of All Family Law Group, P.A. to speak with one of our experienced and knowledgeable criminal defense attorneys in Tampa.
District Attorney Warren Montgomery reports that Victor Galan, 38, of Folsom, was found guilty Thursday (April 5) of aggravated rape of an 11 - year - old girl.
If you are convicted of an aggravated DUI violation, you will spend up to 2 years in prison and suffer an Arizona suspended license for 3 years.
At the end the narrator said that a suspect was arrested and charged with 23 counts of aggravated assault.
The crime of Aggravated Harassment, which prohibits certain forms of harassing or annoying communication, soon will be amended to keep pace with the concepts of «communication» and «data storage,» which always are evolving as a result of technological advancements.
(2d) 291, held that the Crown failed to prove the offence of aggravated assault beyond a reasonable doubt, but convicted the accused of simple assault.
Although the conduct of the defendant is relevant, the quantum of the aggravated damages should reflect the plaintiff's non-pecuniary loss.
Following two separate trials in 2009, he was convicted of two counts of aggravated sexual assault in relation to two different women for not disclosing his HIV - positive status prior to sexual activity.
The contentious area of aggravated and exemplary damages as they relate to actions against the police have been clarified by the recent ruling by the Court of Appeal in Rowlands v Chief Constable of Merseyside Police [2006] EWCA Civ 1773, [2006] All ER (D) 298 (Dec).
R. v. Bear (C.W.) 2013 MBCA 96 Criminal Law — Assaults — Aggravated assault — HIV - positive accused The accused was charged, inter alia, with one count of aggravated assault for spitting in a police officer's face at the police station.
However, punishment is not the purpose of aggravated damages.
An award of aggravated damages is not appropriate for trifling disturbances.
Counsel for the defendant submitted that as aggravated damages were purely compensatory and the complainant had already received an award for psychological injury, there should be no award of aggravated damages because this would in effect duplicate compensation.
``... unable to accept that the mere fact that the basic award includes an element to compensate for psychiatric harm necessarily precludes an award of aggravated damages.
The argument that where there has been a significant award for psychological injury there should be no, or a limited, award of aggravated damages — put forward in Goswell v Commissioner of Police for the Metropolis CA, 1998, unreported — has again been rejected.
Having heard argument the judge withdrew the question of aggravated damages from the jury.
In all cases involving sexual assault, the burden of proof is on the plaintiff, the individual claiming they were victimized, to demonstrate that the defendant, the victimizer, not only facilitated the penetration, but did so without the plaintiff's consent, and, in the case of aggravated sexual assault, took other actions that are in violation of Texas law.
If the reckless driver causes harm, disability, or disfigurement to another person, that driver is guilty of aggravated reckless driving.
I award $ 85,000 for general damages, of which $ 25,000 is allotted to take account of the aggravated features of the case — I agree with the plaintiff that the damages ought to be significantly increased in response to the defendant's thoroughly undignified and humiliating actions.
Similarly, there was no basis to fault the trial judge for his award or quantification of aggravated damages.
If there was, this may go far to establishing that there was no malicious conduct on the part of the defendant warranting an award of aggravated damages.
Where actual malice is more useful in the Canadian context is in the award of aggravated damages,
With intentional torts, like sexual assault and battery, the purpose of aggravated damages is to compensate a plaintiff for the humiliating, oppressive, and malicious aspects of a defendant's conduct.
A carefully worded apology can not only help restore a victim's dignity, but may also counteract allegations of oppressive and malicious conduct and thus, the risk of an aggravated damages award.
2004), in which the Court overturned a finding of removability where the fraud evidence of conviction through jury trial did not demonstrate the required elements of the aggravated felony definition.
St - Cloud v. R., 2013 QCCS 5021 (35626) There is a publication ban in this case, in the context of aggravated assault captured on camera.
In pursuing charges of aggravated assault, the prosecution must prove that there was at least one aggravating circumstance to elevate the offense.
Client's charge of aggravated assault was withdrawn in Milton after the commencement of the preliminary inquiry.
Given the escalating nature of Morris» assaults of the plaintiff, the Court fixed general damages at $ 90,000, inclusive of aggravated damages.
Because it allows a judge to define the differentiating element between robbery and the greater offense of aggravated robbery.
The lack of intent did not warrant an award of aggravated and punitive damages, as well as damages for the intentional infliction of mental suffering.
If you are convicted of aggravated rape in Chicago, your criminal sentence could include:
When the crime of sexual assault is particularly violent or dangerous it may be elevated to the crime of aggravated sexual assault.
R v. M.F. Client's charge of aggravated assault was withdrawn in Milton after the commencement of the preliminary inquiry.
Of the $ 246,049 awarded by the court, $ 165,000 was awarded for the combination of aggravated, punitive and human rights damages.
Late last week, a Montgomery County, Pennsylvania jury convicted Bill Cosby of three counts of Aggravated Sexual Indecency.
The award of aggravated damages reflects that the defendant treated the plaintiff unfairly.
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.
Regina v. Page - Cole (2008) Charges of Aggravated Assault withdrawn at the preliminary hearing in the Ontario Court of Justice after detailed presentation of evidence undermining the evidence of the main Crown witness.
We protect individuals who face charges of aggravated unlicensed operation of a motor vehicle, as well as men and women charged with domestic violence or theft crimes.
R.v. (D.) H. 2009 Neuberger & Partners defended this client on a charge of Fail to Comply with Recognizance for breaking his bail while on release for the Charge of Aggravated Assault.
Aggravated damages will frequently cover conduct which could also be the subject of punitive damages, but the role of aggravated damages remains compensatory...
Regina v. M.D.R. (2015), Charges of Aggravated Assault, Assault x2, and Utter Death Threats, withdrawn after extensive discussions with the Crown and during judicial pre-trials.
(«The facts must be such that the consequences of the negligent conduct could reasonable have been foreseen and it must appear that the [death][danger to human life] was not the result of inattention, mistaken judgment or misadventure but the natural and probable result of aggravated, reckless or flagrantly negligent conduct [in order for child endangerment to have occurred].»)
Once you have been convicted of aggravated battery in Chicago your future will be uncertain.
The refusal to update this information was used when assessing mitigation of damages and award of aggravated damages.
The court convicted D.J.W. of aggravated assault and assault with a weapon, and stayed the conviction for criminal negligence causing bodily harm, conditional upon the conviction for aggravated assault.
The specific crime of aggravated battery against a police officer can be found in 720 ILCS 5/12 -3.05.
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