Sentences with phrase «sentencing recommendation to the court»

As the federal government moves to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia Court of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the court.

Not exact matches

The memo, which was circulated to prison governors on November 26th, reads: «The criminal casework directorate (CCD) of the Border and Immigration Agency have confirmed to us that as a rule they have no interest in pursuing foreign national prisoners serving sentences of less than 12 months for deportation unless they have a court recommendation for deportation, are already subject to deportation proceedings, or (in the case of non-EEA nationals) were sentenced to less than 12 months but where the current sentence plus one or two previous sentences within the last five years (taking account of the most significant sentences during the period) total 12 months or more.»

According to Chautauqua County District Attorney David Foley, the court has ordered a pre-sentencing investigation to be conducted by the Department of Probation and a sentence recommendation will come afterward.

At sentencing, B.C. Supreme Court Justice Elliott Myers asked the jury — as the Criminal Code requires — to provide a recommendation on the period of parole ineligibility (between the minimum of 10 years and maximum of 25).

For greater detail as to how this «trial penalty» system works, see: (1) «The Triumph of Plea Bargaining,» (2011), 85 Criminal Reports (6th) 29; and, (2) «Plea Bargaining Is Sentencing,» (2009) 14 Canadian Criminal Law Review 55, particularly this exchange of comments between a Superior Court Justice and the Crown, which clearly shows the presumptive power given the Crown's sentencing recommendations (Sentencing,» (2009) 14 Canadian Criminal Law Review 55, particularly this exchange of comments between a Superior Court Justice and the Crown, which clearly shows the presumptive power given the Crown's sentencing recommendations (sentencing recommendations (at p. 59):

The Sentencing Commission's report presents this data without making a recommendation as to how the Supreme Court should decide the issue.

Recommendation 12: The Open Justice initiative should be extended and updated so that it is possible to view sentences for individual offences at individual courts, broken down by demographic characteristics, including gender and ethnicity.

This statement and the majority's discussion raises, but does not answer, the question of whether district courts may lawfully refuse to follow the alternative sentencing recommendation.

Whether sentencing is by a jury's recommendation or by a judge after a plea or bench trial, the Virginia appellate courts are going to be unlikely to disturb non-capital jail or prision sentencing that does not exceed statutory limits.

Unlike Poundmaker, who was sentenced to three years in the Manitoba Penitentiary, Yellow Mud Blanket was released by the court on the recommendation of Crown counsel; see Sandra E. Bingaman, The North - West Rebellion Trials, 1885 (MA Thesis, University of Saskatchewan [Regina], 1971)[unpublished] Appendix A at 206; see also Sandra E. Bingaman, «The Trials of Poundmaker and Big Bear, 1885» (1975) 28 Saskatchewan History 81; Blair Stonechild and W.A. Waiser, Loyal till Death: Indians and the North - West Rebellion (Saskatoon: Fifth House, 1997); Bob Beal and R.C. Macleod, Prairie Fire: The 1885 North - West Rebellion (Edmonton: Hurtig Publishers, 1984).

NEWS (4/18): In Ohio v. Mason, the Ohio Supreme Court ruled that its capital sentencing statute does not violate a defendant's Sixth Amendment right to trial by jury and the U.S. Supreme Court's 2016 decision Hurst v. Florida, which reiterated that a defendant is entitled to a jury finding of all facts necessary to impose a death sentence;» [a] jury's mere recommendation is not enough.»