Sentences with phrase «sentencing submissions to the courts»

How to determine, and then on behalf of Aboriginal Offenders express the relevance of these experiences in sentencing submissions to the courts.

Not exact matches

The facts of the safety breaches were not opened by prosecutor Michael Gregory, who told District Judge Lesley Mottram: «The prosecution submission is that this matter is so serious that you should use your powers to commit it to the Crown Court for sentencing.»

Meerai Cho pleaded guilty in Ontario provincial court Wednesday to one count of criminal breach of trust and was sentenced on a joint submission with the Crown, according to her lawyer, William Trudell.

The Intervenor's primary submission is that it is essential that this Honourable Court fashion a sentence that provides a strong general deterrent in order to fulfill the purpose of the assisted suicide provisions in Section 241 (b) of the Criminal Code: to preserve life and protect vulnerable persons.

In this case, the Court of Appeal upheld the decision of a sentencing judge to reject a joint submission for a two year sentence for an accused convicted of impaired driving causing death and upheld the sentence imposed of two years and eight months; noting, however, that a sentence of no less than four years ought to have been imposed: R v Gibson, 2015 ABCA 41 (CanLII).

The Court upheld the original sentence, agreeing with submissions that Mr. Duncan's team made, that although sentences in older riots were longer and harsher, that amendments to the Criminal Code in 1996 that were designed to reduce incarceration in favour of rehabilitation made those older cases ones which must be approached with some caution.

In this respect, the Appeals Court agreed with the employer's submission that the concluding sentence referring to «onus» must be read in the context of the entirety of the trial judge's reasons.

The matter was further appealed to the Supreme Court of Canada (hereinafter SCC) to clarify the test to be used by a sentencing judge in departing from a joint submission on sentence.

Or if a prosecution was in the SFO's opinion necessary this could be confined to a limited part of the suspected criminality and there would be potential for a joint submission on sentence to the court.

The Crown's submission is in effect an invitation to delegate the courts» constitutional obligation to the prosecutors employed by the state, leaving the threat of a grossly disproportionate sentence hanging over an accused's head.

Before I impose sentence, I want to recite some of the facts as referred to in submissions here today and in the briefs as provided to the Court.

At the end of the sentencing submissions, Lutczyk asked to provide the court with his own comments and apologized to Potts and his family saying he wished the kidnapping had never happened and that he did not intend to hurt Potts.

Using a sample case file, the Osgoode Certificate in Provincial Offences Court Practice drills down on the key stages in a POA file from meeting your client for the first time, conducting the trial, and making submissions on sentencing, to understanding if and how to appeal a decision.