Sentences with phrase «unlawful confinement»
"Unlawful confinement" refers to the act of holding or restraining someone against their will without any legal justification or authority. It involves depriving someone of their freedom by confining them, which is considered illegal or against the law. Full definition
The jury awarded more than $ 1 million to Wells» widow — $ 200,000 for each hour of unlawful confinement in excess of the 48 - hour rule, according to Courthouse News.
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Forcible Confinement For unlawful confinement to be an underlying offence to murder, there must be: [2]
Whether Petitioners» habeas corpus petitions, which establish that the United States government has imprisoned Petitioners for over five years, demonstrate unlawful confinement requiring the grant of habeas relief or, at least, a hearing on the merits.
With respect to the first element, unlawful confinement under s. 279 (2) of the Criminal Code was established, the Supreme Court found, as the accused had coercively restrained Meika and directed her contrary to her wishes, «and the acts of discipline far exceeded any acceptable form of parenting.»
«The legal standard for proving unlawful confinement is the same for children as for adults, but in the case of a parent ‑ child relationship, courts must keep in mind that children are inherently vulnerable and dependent, and routinely receive — and expect — directions from their parents,» the court noted in its reasons.
«[D] isciplining a child by restricting his or her ability to move about freely (by physical or psychological means), contrary to the child's wishes, which exceeds the outer bounds of punishment that a parent or guardian could lawfully administer, constitutes unlawful confinement.»
For RH and TK, he applied the Kienapple principle and stayed the convictions for choking (as well as unlawful confinement) as a result of this approach.
The Supreme Court of Canada released its reasons today for upholding first - degree murder convictions against a man and his common - law wife in the death of his young daughter and elucidated on the meaning of «unlawful confinement» in parent - child relationships.
R. v. Wen (H.W.) 2012 BCCA 515 Criminal Law — Attempts, conspiracies, accessories and parties — Parties — Necessary intention or knowledge The accused was convicted of kidnapping, unlawful confinement, and extortion.
Regina v. M.W., (2013) Client found not guilty of charges of Forcible Entry, Unlawful Confinement, and Assault with a Weapon, after a two week jury trial.
White was found guilty of robbery against SH, of sexual assault, unlawful confinement, and choking to overcome resistance against RH, and of robbery, choking, sexual assault, and unlawful confinement against TK.
In fact, case law suggests that to describe s. 279 (2) as «forcible confinement» is inaccurate as the better description is «unlawful confinement.»
Taking a person against his or her will, and holding them is either kidnapping or unlawful confinement.
There is no such offence as «home invasion», but where there is a violent break - in and commission of offences against occupants (like assault, aggravated assault, robbery, unlawful confinement, firearms threats and sexual assault), the Crown will characterize it at a «home invasion» and ask the Court to consider the situation to be aggravated.
Criminal Trial: Hades is charged with kidnapping and unlawful confinement of the goddess Persephone.
Daniel Cherakha, 24, of Surrey, and Jagdeep Dyal, 26, of Vancouver, were charged with robbery, unlawful confinement and other offences.