Sentences with phrase «offences which»

Other federal statute offences are not included since these types of offences are not part of the Criminal Code, but are one of many federal statute offences which generally fall under the enforcement of a variety of federal agencies such as the Canada Revenue Agency or Citizenship and Immigration Canada.

Criminal law is not just about punishing harm: the deterrent aim is to modify behaviour, hence the many offences which carry strict liability.

Many of these less - serious offences which drive the overall clearance rate are often difficult to solve.

I think the judiciary still has to learn about those offences and develop this tougher attitude that needs to be there if you want to see jail sentences imposed for these kinds of offences which I don't think are seen as the typical fraud or like insider trading we see in other areas.»

Although the 28 - day cap will end the «injustice» to persons held on bail for long periods of time, the cap will also increase the potential injustice of persons charged prematurely with criminal offences which are either dealt with at a much later date than they presently would be, or would be dropped after time where no case is possible.

The Sentencing Guidelines Council (SGC) recently published its definitive sentencing guideline for organisations convicted under the Corporate Manslaughter and Corporate Homicide Act 2007 and for health and safety offences which cause death.

Although Canadian law makes some exemptions for freedom fighters and does not base terrorism convictions on objective fault, some Canadian terrorist offences are as broad as the American material support offences which allow convictions in the absence of a terrorist purpose.

[emphasis added] This to my mind suggests that the judge in that case was accepting that there were in fact two different offences which could be applied to driving 50Km over the limit.

Where corporations commit securities and competition law offences which involve consumers or investors across the nation the potential for huge damages arises.

In the dissenting judgment, Lords Reed and Mance took the view that the language of the provisions can not be interpreted as excluding offences which the prosecution had elected to leave out of account for the purpose of assessing the benefit obtained by the defendant.

Some of the main criminal, drug and provincial offences which Mr. Duncan defends his clients against include...

For the process to work as intended, sentencing for offences which fall into this category should usually be approached with these realities in mind and, so far as s 73 agreements are concerned, should normally lead to the imposition of concurrent sentences.

Unless the production of sentencing authorities is discouraged by a judge, it is good practice for counsel — in relation to offences which are not before the court every day — to draw the judge's attention to relevant sentencing authorities.

This will almost inevitably mean that he will admit, and plead guilty to offences which would never otherwise have been attributed to him, and may indeed have been unknown to the police.

Stadlen J was unequivocal at para 84 of his judgment: «[I] n the absence of a problem in the witness giving evidence in person or by video link, or some other exceptional circumstance, fairness requires that in disciplinary proceedings a person facing serious charges, especially if they amount to criminal offences which if proved are likely to have grave adverse effects on his or her reputation and career, should in principle be entitled by cross-examination to test the evidence of his accuser (s) where that evidence is the sole or decisive evidence relied on against him.»

This may in essence be the problem with any formulaic guidelines in the context of the sentencing of offences which often arise in unique circumstances and involve a wide variety of potential defendants.

The court considered the application of R v Goodyear [2005] EWCA Crim 888, [2005] 3 All ER 117 in cases where the defendant is charged with one or more offences which are specified offences within Sch 15 to the Criminal Justice Act 2003 (CJA 2003).

The wide ambit of ss 2 — 4 which define how the fraud offence created by s 1 can be committed, coupled with sub-s (4), ensures that the privilege will apply to a variety of offences which reasonably might not be described as frauds.

Some of the main Criminal Code offences which Mr. Duncan defends against are as follows:

Synopsis: The Appellant was convicted of multiple counts of fraud - related offences which arose out of a debit / credit card PIN pad fraud scheme.

That is to say, the offences which become included by the addition of apt words of description in the principle charge.

Uncertainty about liability for the serious offences which the SFO prosecutes would be undesirable and the MoJ is right to proceed slowly.

It is unsurprising that, flushed with this success, the SFO is now seeking to persuade the MoJ to extrapolate s7 to all offences which it is primarily responsible for prosecuting.

His practice encompasses serious drugs, fraud, violence and sexual offences which he combines with court martial work in the UK and overseas.

We look at the corporate offences which are expected to come into force in September with the Criminal Finances Act 2017.

CCLA continues to argue against disproportionate knee - jerk reactions to terrorist threats — such responses overlook the robust broad powers already existing in the Criminal Code and other laws in place — and argue for more and more state powers and new offences which may cast a far - too - wide and ineffective net, while simultaneously threatening to normalize exceptional powers.

The legislation also preserves the notorious «trap» for private arrestors that in relation to offences which are thought to have been already committed, namely that he has no defence if it turns out that no (indictable) offence was committed by anyone (see R v Self [1992] EWCA Crim 2, [1992] 3 All ER 476).

Despite not being at fault for the accident a motorcyclist may be ticketed for a variety of driving offences which include:

Tuckers Solicitors specialist Regulatory Law Department houses the UK's leading lawyers dedicated to the practice of Regulatory Proceedings, providing expert legal advice and representation to clients facing prosecution for offences which fall within breach of the Competition Act 1998.

In line with the guidelines for sentencing environmental offences which came into force in July, the proposed guidelines include tariffs of fine ranges for companies with different levels of annual turnover, modified by the seriousness of the offence and the level of organisational culpability.

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.

These are all very serious offences which have the potential of resulting in a lengthy term of imprisonment for the offender.

The report suggests that offences which would previously have been considered minor and dealt with informally by the police, school or young person's family, are now being dealt with through formal sanctions.

«Few people realize that the real administrative and workload burden on our justice system comes not from complex criminal trials, but rather from the ever - increasing flood of minor offences which is threatening to engulf the administration of justice in this province.

When HMRC is considering whether a case should be investigated under the Civil Investigation of Fraud procedures or is the subject of a criminal investigation, one factor which HMRC will take in to account is whether the taxpayer (s) has made a complete and unprompted disclosure of the offences which HMRC suspect have been committed.

Enacts a major extension to the powers to prosecute in the UK offences which occurred outside of the UK.

Most fines imposed by courts in 2016 related to health and safety offences which took place before the guidelines were introduced.

This is aggravated by the fact that the offences which belong to the categories of terrorism and serious crime are not exhaustively listed (para. 235).

Other opinions point out that many offences affecting the financial interests of the EU are situated at a purely national level and are often linked to other types of fraud or criminality, hence criticizing the EPPO's wide ancillary competence for offences which are inextricably linked with EU fraud (e.g. the Romanian Chamber of Deputies, Dutch Senate, German Bundesrat and the Cyprus House of Representatives).

The Identification of Criminals Act allows for the fingerprinting of those charged with tax evasion offences which may be prosecuted by indictment.

«Whilst there is no doubt that Harvey Weinstein has helped and championed my film career for the past 20 years, I was completely unaware of these offences which are, of course, horrifying and I offer my sympathy to those who have suffered, and whole hearted support to those who have spoken out,» she says.

This is the time to pick him for treasonable offences which his utterances on security is.

Mallam Garba should know that Sambo Dasuki was arraigned and charged on bailable offences which all the courts of competent jurisdiction have granted him bail.

The Nigerian Police force has said incidences of rape, women and child abuse, trafficking and other gender based offences which have been fallouts of violence against women and children would soon be a thing of the past following...

[Anyone] who, in public and against the facts, ascribes to the Polish Nation or to the Polish State, responsibility or co-responsibility for Nazi crimes committed by the Third Reich, [as] defined in Article 6 of the Charter of the International Military Tribunal, Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis, signed in London on August 8, 1945 -LSB-...], or for other offences which are crimes against peace [or] humanity or [that are] war crimes, or who otherwise grossly reduces the responsibility of the actual perpetrators of said crimes, is subject to a fine or [to] imprisonment for up to 3 years.

The Sentencing Council for England and Wales published new sentencing guidelines for drug offences which came into force from February 2012.

«The Minerals and Mining (Amendment) Act, 2015 (Act 900) has introduced new offences which confer jurisdiction on the High Courts and Circuit Courts.

Jimoh noted that the offence for which the suspects were arrested are state offences which are triable under the state laws.

Sieber attributes this «first to the low proportion of computer offences which become known due to the specific difficulties of detection and proof in the DP sector.

Finland — On 30 May 2008, Tampere District Court sentenced Seppo Lehto to two years and four months in prison for offences which involve hate speech and blasphemy.