Sentences with phrase «of summary conviction»

In the case of summary conviction offences unrelated to employment, an application for licensing will not be considered until the completion of sentence, parole, probation or payment of fine.

(2) Where the prosecutor applies for an assessment in order to determine whether the accused is unfit to stand trial for an offence that is prosecuted by way of summary conviction, the court may only order the assessment if

Here the Court was satisfied, after a review of the summary conviction court decision that the threshold was met.

Appeals of summary conviction offences are heard by the Court of Queen's Bench (Superior Court of Justice).

If you are accused of a summary conviction offence, you can contact Student Legal Services for assistance.

The Crown sought leave to appeal the decision of the summary conviction appeal court.

It will also tell you if the Crown is proceeding by way of summary conviction or by indictment.

Should the Crown proceed by way of summary conviction, the maximum sentence would be 18 months imprisonment.

One of the costs to the justice system is the failure of many who are accused of summary conviction offences to appear at scheduled court hearings.

But there's a catch for law school clinics, many of whom appear in the criminal courts to represent low income persons accused of summary conviction offences.

Not exact matches

«My point is that any summary conclusion jumping from our conviction of the existence of such an order of nature to the easy assumption that there is an ultimate reality which, in some unexplained way, is to be appealed to for the removal of the perplexity, constitutes the great refusal of rationality to assert its rights.»

We do not miss the loyalty of David's mercenary troops (15: 19 - 21); the narrator's conviction of the mature quality of David's faith (15:25 f.; 16:12); the essential gentleness of David in these most wretched hours (16:5 - 14); the brilliant, carnal symbol of Absalom's irrevocable usurpation (16:20 - 22) and its portentous recall of the David - Nathan encounter (II 12:11 - 12); the arch Old Testament realist, the remarkable pragmatist Ahitophel (17: 1 - 23); Joab, who always acts like Joab (18:10 - 15; 19:1 - 7; 20A - 13); David's pathetic concern, implicit throughout, for the defiant son (18:1 - 5); the moving grief of a father's utter brokenness in the loss of his son (18:33); the reassertion in this critical time of the old and always fundamental north - south cleavage (19:11,41 - 43); David's profound and probably chronic annoyance with the crude, brash, «muscular» ways of Joab and his brothers, the sons of Zeruiah (16:10; 19:22; see also 3:34 b; 3:38 f.); and finally, in a kind of pausal summary before the last scene of David's reign in I Kings 1 - 2, the statement of David's very modest bureaucracy (20:23 - 26; cf. the extensive elaboration of this structure under Solomon, I Kings 4:1 ff.).

The summary trial, conviction and sentencing were anything but a fair hearing / trial and last but not the least, the taking away of their liberty was not in accordance with procedure permitted by law as required under Article 14 (1).

In fact, since appearance of the contemnors before the Supreme Court (SC), their subsequent summary trial (if there was one), conviction and the fines imposed on all in addition to the jailing of the infamous Gang of Three, the case has generated a lot of debate amongst Ghanaians in and outside Ghana.

But the Prime Minister could offer them only his own conviction, the summary of the legal case and the headlines from the Joint Intelligence Committee's assessment.

The question again is, were the SC's summary trial, conviction and sentencing of the contemnors «in accordance with procedure permitted by law» prior to the SC interfering with the liberty of the contemnors?

Sentences are a maximum of two years for each summary conviction, and up to five years for each conviction or indictment.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Summary conviction offences currently carry a penalty of a maximum of six months of imprisonment.

802.1 Despite subsections 800 (2) and 802 (2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province.

787 (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $ 5,000 or to a term of imprisonment of not more than two years less a day, or to both.

This is a summary of part of a published article that develops this theme: that poor resources given the criminal justice system, increases the probability of wrongful convictions in these ways:

It is worth pointing out that a person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both, and on conviction on indictment to a fine or imprisonment not exceeding ten years, or both.

«Because of the force that a conviction has in a factually overlapping later civil proceeding, the plaintiff in a lawsuit may decide not to wait for trial to obtain a ruling on liability, preferring instead to move for summary judgment on liability to gain an upper hand,» Gracewrites.

(1) No person shall --(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

«The proposed BDC offence level for tetrahydrocannabinol (THC, the primary psychoactive component of cannabis) under the summary conviction offence is not directly linked to impairment, but is, rather, based on a precautionary or a crime prevention approach,» reads the draft.

The summary conviction appeal court judge dismissed the appeals on the basis that the trial judge had jurisdiction in both matters, that the rules of procedure in both trials would essentially have been the same, and that Sciascia was not prejudiced by any differences in the applicable rules of evidence.

Permitting a joint trial of provincial charges and summary conviction criminal charges is consistent with the intent of both the Provincial Offences Act and the Criminal Code, Justice Michael Moldaver wrote, with Chief Justice Beverley McLachlin and justices Rosalie Abella, Andromache Karakatsanis, Richard Wagner, Clément Gascon and Malcolm Rowe concurring.

It will be at the discretion of the Crown as to whether they would prefer to proceed with the charge on indictment or on summary conviction.

[4] Under the new rules, which continue to apply today, summary convictions appeals from decisions of provincially appointed judges are almost invariably made on the basis of the existing record.

Summary Conviction Offences: At the least serious end of the spectrum are «summary conviction» offences, such as disturbing the peace or trespassing atSummary Conviction Offences: At the least serious end of the spectrum are «summary conviction» offences, such as disturbing the peace or trespassingConviction Offences: At the least serious end of the spectrum are «summary conviction» offences, such as disturbing the peace or trespassing atsummary conviction» offences, such as disturbing the peace or trespassingconviction» offences, such as disturbing the peace or trespassing at night.

The offence is also punishable on summary conviction by a penalty of up to eighteen months imprisonment.

(1) Every person who contravenes subsection 110 (1)(identity of offender not to be published), 111 (1)(identity of victim or witness not to be published), 118 (1)(no access to records unless authorized) or 128 (3)(disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38 (1)(identity not to be published), (1.12)(no subsequent disclosure), (1.14)(no subsequent disclosure by school) or (1.15)(information to be kept separate), 45 (2)(destruction of records) or 46 (1)(prohibition against disclosure) of the Young Offenders Act, chapter Y - 1 of the Revised Statutes of Canada, 1985, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction.

After the charges are laid by the police it is up to the discretion of the Crown to determine whether the charges will be pursued by indictment or by summary conviction.

Clause 24 of Bill S - 4 modifies section 28 of PIPEDA to provide that every organization that knowingly contravenes the new sections of PIPEDA requiring organizations to record and report breaches of security safeguards or obstructs the Commissioner in the investigation of a complaint or in conducting an audit will now be liable for fines of up to $ 100,000 for indictable offences, or for fines of up to $ 10,000 for offences punishable on summary conviction.

They can be treated as indictable or summary conviction offences depending on the facts of each case.

Singh alleged he was subjected to discrimination in employment on the basis of an unrelated criminal or summary conviction offence contrary to section 13 of the B.C. Human Rights Code.

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.

By the Coroners and Justice Act 2009, s71 (in force on 6 April 2010) a person, who holds another person in slavery or servitude or requires another person to perform forced or compulsory labour (see Art 4 of the European Convention on Human Rights), is guilty of an offence liable on summary conviction, to imprisonment for a term not exceeding 12 months in England and Wales or six months in Northern Ireland or a fine not exceeding the statutory maximum, or both and on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine or both.

The duty counsel provided at Summary Conviction Drug Court is in collaboration with the Provincial Court of Manitoba.

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.

If the offence was committed in relation to any place other than a dwelling house the maximum penalty is imprisonment not exceeding ten years for an indictable offence or an offence punishable on summary conviction (maximum fine of $ 5,000 or six months in jail or both).

Section 177 of the Criminal Code sets out that a conviction of trespassing at night is a summary conviction offence and can result in a penalty of up to six months imprisonment.

The offence is governed by s. 162.1 of the Criminal Code which provides (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct is guilty of (a) of an indictable offence and liable to imprisonment for a term not more than five years; or (2) of an offence punishable on summary conviction.

The majority of criminal cases in Ontario are prosecutions «by summary conviction» and proceed to disposition of in the lower court (the Ontario Court of Justice).

Summary conviction appeals are usually less costly than indictable appeals because, among other things, there is only one rather than three or five judges who must be provided with complete copies of all transcripts.

Criminal offences under Canada's criminal code are divided into three kinds: indictable offences which are the more serious offences and which carry longer terms of imprisonment, summary convictions which are the less serious offences usually punishable by less than 2 years imprisonment and hybrid offences which can be prosecuted as either indictable or summary.

Some of the changes include raising the non refundable application fee from $ 150 to $ 631, doubling the crime - free waiting period to 10 years before a serious offender can apply to suspend indictable convictions, and from 3 years to 5 years for summary offences.

If found guilty under a summary conviction, the accused faces a maximum imprisonment of 18 months.

There is no deadline for updating the private register of charges, however failure to comply with the obligation set out in section 162 of the Act is an offence and is liable on summary conviction to a fine of US$ 5,000.