Sentences with phrase «offence under»

After spending several months negotiating with a number of Crown Prosecutors, Vancouver Criminal Defense Lawyer Emmet J. Duncan persuaded the Crown to DROP the CRIMINAL charges and accept a plea to a driving offence under the Motor Vehicle Act.

Vancouver Criminal Lawyer Emmet J. Duncan persuaded Crown prosecutor that the documentation that ICBC and the Office of the Superintendent of Motor Vehicles sent to Client were ambiguous and difficult to understand, and as a result, that the Crown should accept a plea to an offence under the Motor Vehicle Act.

68 (1) An information in respect of an offence under this Act may, at the election of the informant, be heard, tried and determined by the Ontario Court of Justice sitting in the county or district in which the accused is resident or carries on business although the subject - matter of the information did not arise in that county or district.

If you have been charged with an offence under the Child Youth and Family Enhancement Act the Criminal Law project may be able to help.

Thus, in accordance with Section 130 of the National Defence Act any Criminal Code offence committed by a member of the Canadian Armed Forces or any person accompanying the Canadian Forces has also committed an offence under the National Defence Act (hereinafter NDA) and the Code of Service Discipline, found under Part III of the NDA applies.

(c) an offence under any of the following provisions of the Criminal Code, chapter C - 34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

(c. 1) an offence under any of the following provisions of the Criminal Code, chapter C - 34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

By breaching this provision you may commit a criminal offence under the Computer Misuse Act 1990.

Additionally, according to s. 511 of the Act, the Commissioner, if he believes on reasonable grounds that an offence under the Act has been committed, may refer the matter to the Director of Public Prosecutions, now Brian Saunders, who will then decide if a prosecution is warranted.

(3) A person does not commit an offence under this section by failing to comply with a prohibition or requirement that the local authority did not have power to include in the public spaces protection order.

Careless Driving Causing Bodily Harm or Death) The charge of Careless Driving in Ontario is already a well - established offence under -LSB-...]

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

French or bilingual appeal hearing: If you speak French, you are entitled to a bilingual appeal in relation to a provincial offence, or to a French appeal in relation to an offence under federal legislation.

Under s. 510, the Chief Electoral Officer, presently Marc Mayrand, may refer to the Commissioner for an inquiry a violation committed by an election officer or any person who may have committed an offence under sections:

(d) an offence under any of the following provisions of the Criminal Code, chapter C - 34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

Between elections they may, for example, become disqualified and lose their seat if convicted of an offence under the Criminal Code of Canada or for failing to declare a conflict of personal interest under the Municipal Conflict of Interest Act.

(d. 1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

This puts the offence under the purview of serious criminality.

(1) Every person is guilty of an offence under this Act who, having in his possession or control any secret official code word, password, sketch, plan, model, article, note, document or information that relates to or is used in a prohibited place or anything in a prohibited place, or that has been made or obtained in contravention of this Act, or that has been entrusted in confidence to him by any person holding office under Her Majesty, or that he has obtained or to which he has had access while subject to the Code of Service Discipline within the meaning of the National Defence Act or owing to his position as a person who holds or has held office under Her Majesty, or as a person who holds or has held a contract made on behalf of Her Majesty, or a contract the performance of which in whole or in part is carried out in a prohibited place, or as a person who is or has been employed under a person who holds or has held such an office or contract,

If there is currently no evidence of a data breach then I'm not certain there would be a requirement to notify your customers, however keeping their personal data insecurely is an offence under s21 (1) of the Data Protection Act 1998 - as mentioned above.

-- an offence for obtaining a tool for use to commit an offence under s1 (unauthorised access to computer material) and s3 (unauthorised acts with intent to impair, or with recklessness as to impairing operation of computer) of the CMA, regardless of an intention to supply that tool; and

(ii) The matters to be dealt with are: - the aggravating and mitigating factors of the offence (not personal mitigation); - any statutory provisions relevant to the offender and the offence under consideration so that the judge is made aware of any statutory limitations on sentencing; - any relevant sentencing guidelines and guideline cases; - identifying any victim personal statement or other information available to the prosecution advocate about the impact of the offence on the victim; - where appropriate, any evidence of the impact of the offending on a community; - an indication, where applicable, of an intention to apply for any ancillary orders, such as anti-social behaviour orders and confiscation orders, and so far as possible, indicating the nature of the order to be sought.

As explained above, it is a defence to the offence under s 4 (4) that it was required or permitted, but the extent to which the company or individual has to check this is not expressed, qualified or in any way explained.

The accused argued that s. 95 (2)(a)(i), which imposed a mandatory minimum sentence of three years for a first offence under s. 95 (1), was contrary to...

The defendants argued that since there was not yet any national identity register, they could not be convicted of an offence under s 25 (1) of the Identity Cards Act 2006.

This is brand new territory for the UK and states at s 5 (1): «a relevant commercial organisation (C) is guilty of an offence under this section if --(a) a person (A) performing services for or on behalf of C bribes another person, (b) the bribe was in connection with C's business; and (c) a responsible person, or a number of such persons taken together, was negligent in failing to prevent the bribe».

Provides that where a person is charged in respect of conduct that is an offence under the Sexual Offences Act 2003 (SOA 2003) and was an offence under one of the repealed offences listed in sub-s (2), and the only thing preventing the person being found guilty is that it can not be proven beyond reasonable doubt whether the conduct took place before or after the commencement of SOA 2003, then it shall be conclusively presumed for the purposes of determining the guilt of the defendant that the conduct took place at a time when the offence in respect of that conduct carried the lower penalty in terms of a custodial sentence which could be imposed on conviction of the defendant.

«The expression of personal political views by Canadians or non-Canadians as to which parties or candidates they support is not an offence under the Act,»

Sub-s (6) provides that s 55 applies to any proceedings, whenever commenced, other than where, before the commencement of s 55, the defendant has been convicted or acquitted of the offence under SOA 2003 or the repealed offence.

● The nature of the offence under s 5 (1)(a) above is the same as that required under the general offences at s 1 and s 4.

Theft from an employer is not specifically listed as an offence under the Criminal Code.

For example, an offender with cognitive delays having committed an offence under the pressure of others.

(15) If the police officer who is the subject of the hearing is charged with an offence under a law of Canada or of a province or territory in connection with the conduct that was the subject of the complaint, the hearing shall continue unless the Crown Attorney advises the chief of police or board, as the case may be, that it should be stayed until the conclusion of the proceedings dealing with the offence.

In R v Peleshaty, the Manitoba Court of Appeal considered the application of the de minims defence to a regulatory offence under the Government Liquor Control Act.

Do not consume alcohol while operating a boat — your hand - eye coordination and judgment will be impaired (operating a boat while impaired is an offence under the Criminal Code).

Using explosives in association with criminal organization (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 81 for the benefit of, at the direction of or in association with a criminal organization.

Intimidation (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 423.1.

Sexual harassment can also be a criminal offence under the Criminal Code of Thailand, provided that all elements of the offence are satisfied.

The party has asked the RCMP to investigate whether an offence under the Criminal Code occurred.

Hijacking, sexual assault or kidnapping (5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:

Murder during terrorist activity (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity.

It's a criminal offence, and an offence under the Highway Traffic Act to flee the scene of a car accident; especially one where somebody has been hurt in a car accident.

It is an offence under the Insurance Act to knowingly make a false or misleading statement or representation to an insurer in connection with the person's entitlement to a benefit under a contract of insurance.

It provides that the «record of proceedings» in a matter that results in the conviction for a criminal offence under the Act (or a failure to comply with a Tribunal order) is «prima facie» evidence of the alleged conduct in a civil action.

A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s. 402.2 or 403.

It is an offence under the federal Criminal Code for anyone to knowingly make or use a false document with the intent it be acted on as genuine and the offence is punishable, on conviction, by a maximum of 10 years imprisonment.

Printing and Publication of Voyeuristic Recordings is an offence under s. 162 (4) of the Criminal Code.

26 With respect to Count 10, it was conceded by the Crown during submissions that the charge that the accused in Vienna on December 24, 2003, «for the purpose of procuring a passport for himself», provided false information to obtain a visa to enter Canada, was not only contradictory on its face, but the evidence failed to establish any offence under s. 57 of the Criminal Code.

Voyeurism is an offence under s. 162 of the Criminal Code.

There are three intensive workshops on the trial of an offence under the Provincial Offences Act.