Sentences with phrase «of appeal against conviction»

He filed a Notice of Appeal against his conviction in the New Brunswick Court of Appeal as well as a motion for release pending his appeal.

- A new Pt 68 (appeal to the Court of Appeal about conviction or sentence), in substitution for the existing Pt 68 (appeal to the Court of Appeal against conviction, sentence or sentence review decision).

Not exact matches

Still, despite what he feels is a weak case against him, he thinks the odds are he'll be found guilty, at least during this first trial; Japan, which has a more than 99 % conviction rate, is also one of a few countries that allows prosecutors to appeal an acquittal twice.

Mr Mossayebzadeh, Mr Fadaie and Mr Omidi are additionally awaiting the outcome of their appeal against a sentence of 80 lashes each that was handed down in 2016, following their convictions for drinking wine during a communion service.

Section 8 (4) of the Representation of People Act, 1951 allows a Member of Parliament (MP) or a Member of a State Legislature (MLA or MLC) to retain his or her seat in the House even when convicted, if he or she appeals against the conviction.

In July, the Second Circuit Court of Appeals overturned the conviction of former Assembly Speaker Sheldon Silver, and this week the corruption conviction against former Senate Masjority Leader Dean Skelos was also vacated.

Six people caught in sting operations by the former News of the World investigations editor, Mazher Mahmood, are seeking leave to appeal against convictions resulting from stories about them in the newspaper.

``... If they feel the fines are not big enough, then the AG could appeal against not the conviction, but the sentencing; the amount of the fine, to give another court the opportunity to review,» Mr. Ankomah opined on Eyewitness News.

An israeli military court has rejected an appeal against the conviction for manslaughter of a soldier for shooting a wounded palestinian attacker in hebron last year.

The appellant appealed against both his conviction and a sentence of 12 months» imprisonment.

APPEAL by accused against conviction on one count of assault causing bodily harm, sentence to two - year term of probation and $ 1,000.00 fine, and order to provide DNA sample.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

Maria Theodoulou, Partner at Stokoe Partnership Solicitors, comments in The Telegraph, Daily Mail and regional press, following the news of Hatton Garden raider Carl Wood lodging his appeal against his convictions.

He appealed against his convictions on three grounds, two of which related to procedural issues not relevant for present purposes.

A judge has thrown out a claim against the Law Society of New Brunswick that a lawyer brought after the regulator suspended him before an appeal of his criminal conviction was heard.

Ontario Opposition leader says he'll ignore threats of legal action over comments, Canadian Press B.C. Crown wants four years for man who created revenge website against ex-wife, Canadian Press Ontario appeal court upholds convictions for former MP Del Mastro, Canadian Press Appeal filed in B.C. child - bride case by member of polygamous sect, Canadianappeal court upholds convictions for former MP Del Mastro, Canadian Press Appeal filed in B.C. child - bride case by member of polygamous sect, CanadianAppeal filed in B.C. child - bride case by member of polygamous sect, Canadian Press

The Ontario Court of Appeal, Strathy, J.A., dissenting, allowed the appeal against conviction and ordered a new Appeal, Strathy, J.A., dissenting, allowed the appeal against conviction and ordered a new appeal against conviction and ordered a new trial.

His appeal against conviction was dismissed by a majority of the Court of Appeal for Ontario... We agree with Justice Pardu that the trial judge's reasons, even when read as a whole and in the context of the trial record, fail to reveal the basis on which the trial judge concluded that the Crown had proven the mental element of the offence beyond a reasonable appeal against conviction was dismissed by a majority of the Court of Appeal for Ontario... We agree with Justice Pardu that the trial judge's reasons, even when read as a whole and in the context of the trial record, fail to reveal the basis on which the trial judge concluded that the Crown had proven the mental element of the offence beyond a reasonable Appeal for Ontario... We agree with Justice Pardu that the trial judge's reasons, even when read as a whole and in the context of the trial record, fail to reveal the basis on which the trial judge concluded that the Crown had proven the mental element of the offence beyond a reasonable doubt.

During that time, his appeals against his conviction to the Ontario Court of Appeal and the Supreme Court of Canada were refused.

The Divisional Court this morning allowed the appeal of Paul Chambers against his conviction by the Crown Court in Doncaster in relation to a joke made on Twitter.

As a result, the Court of Appeal quashed all convictions against the defendant and ordered a new trial.

• remove all discretion from the secretary of state in relation to deportation orders; • create an assumption that deportation is conducive to the public good; • require the secretary of state to make a deportation order (this can be made at any time providing there is no pending criminal appeal against a conviction or sentence); and • prohibit the secretary of state from revoking a deportation order unless: (i) one of the exceptions below applies; (ii) an application for revocation is made while individuals are outside the UK; or (iii) a new Borders Act deportation order is made.

(2) If an organization has been convicted of an offence under this Act and the conviction has become final as a result of there being no further right of appeal, a person affected by the conduct that gave rise to the offence has a cause of action against the organization convicted of the offence for damages for actual harm that the person has suffered as a result of the conduct.

In R v Marakah, 2016 ONCA 542, Nour Marakah appealed his conviction of multiple firearms offences arguing that the text messages used as evidence against him at trial were not lawfully obtained and should have been excluded by the trial judge.

The phrase is not defined in Code s. 686 (1)(a)(iii) which simply states that a court of appeal may allow an appeal against conviction, ``... on any ground where there was a miscarriage of justice».

The Court of Appeal, in commenting on the safeness of the conviction, had listed the other «overwhelming» evidence against the applicant.

The defendant appealed against conviction for an offence of racially aggravated threatening behaviour, contrary to the Public Order Act 1986, s 4 and the Crime and Disorder Act 1998 (CDA 1998), s 31 (1)(a), arguing that the phrase used was not capable of demonstrating hostility based on membership of a racial group.

There has been a rise in both appeals against conviction and sentence in the past year, the latest annual review of the Court of Appeal (Criminal Division) reveals.

Appeals against conviction: The appeal judge may allow an appeal against conviction only if he or she is satisfied about any of the following:

Dr David Southall, the paediatrician whose expert evidence led to the wrongful conviction of solicitor Sally Clark, has lost his appeal against a decision to strike him off the medical register for serious professional misconduct.

Oland's appeal against conviction was scheduled to be heard before the New Brunswick Court of Appeal in October 2016, and in the meantime he is appealing to the SCC the release pending appeal decisionappeal against conviction was scheduled to be heard before the New Brunswick Court of Appeal in October 2016, and in the meantime he is appealing to the SCC the release pending appeal decisionAppeal in October 2016, and in the meantime he is appealing to the SCC the release pending appeal decisionappeal decision only.

Although the concept of «reasonable excuse» is broad, it can not have been intended by Parliament to be stretched to include the mere fact that the defendant has lodged an appeal against the community order or the conviction on which it is based.

In Ramzan, five of the appellants took the Saik point and applied for leave to appeal against conviction out of time.

Practitioners who have a client who was convicted under the old interpretation of the common law should apply for leave to appeal against conviction out of time.

«It is the very well - established practice of this court, in a case where the conviction was entirely proper under the law as it stood at the time of trial, to grant leave to appeal against conviction out of time only where substantial injustice would otherwise be done to the defendant.»

Appointed in March 2003, he was originally given until December 31, 2005 to review and report on the investigations and circumstances surrounding the resulting criminal proceedings against Gregory Parsons and Randy Druken, and determine why Ronald Dalton's appeal of his murder conviction took eight years to be heard by the Newfoundland and Labrador Court of Aappeal of his murder conviction took eight years to be heard by the Newfoundland and Labrador Court of AppealAppeal.

To preclude a civil litigant from relitigating an issue previously found against him in a criminal prosecution is less severe than to preclude him from relitigating such an issue in successive civil trials, for there are rigorous safeguards against unjust conviction, including the requirements of proof beyond a reasonable doubt and of a unanimous verdict, the right to counsel, and a record paid for by the state on appeal.

If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution... The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights.

The appeal judge rejected all of those arguments because the employer was a «substantial corporation» (two facilities with a total of 770 people) that was «within a broader group of companies»; the employer had been found guilty on three charges under the OHSA; it was proper to consider the prior conviction (which was in 2004); and the harm to the injured worker was «devastating»: he was rendered a paraplegic when a robot on which he was doing a «quick fix» pressed against him on his back.

Divided into: i) civil and, ii) criminal divisions and hears appeals: i) from decision in the High Court and County Courts and, ii) against convictions or sentences passed by the Crown Court, (see also Public Trustee Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc)