Found inside – Page 143( a ) We recommend that the courts retain power to suspend the commencement of a sentence of imprisonment upon such ... ( b ) We do not recommend that this power extend to the suspension of other sentences , having regard to the courts ... Found inside – Page 444unlawful , it follows immediately that it did in regard to the taking and passing must “ consider that the appellant should of a ... of the Criminal Appeal Act as argued on one date and the suspended sentence above , then having regard to s 11 ( 3 ) ... Found inside – Page 531As to the nature of such a misdirection see S v Pillay 1977 ( 4 ) SA at 534H - 535G : Sv Fazzie and Another 1964 ( 4 ) SA at 684A - B . Alternatively ( b ) the sentence imposed is startlingly inappropriate having regard to all the circumstances of ... Found inside – Page 11989... is found guilty of having committed an offence punishable with imprisonment ( but not with imprisonment for life ) , the court by which the person is found guilty shall not sentence him to imprisonment unless it is satisfied that having regard to ... Found inside – Page 14Not every disproportionate or excessive sentence can be stigmatised as being a constitutional violation . It will only be a violation where the sentence is so unfit having regard to the offence and the offender as to be grossly disproportionate . 4 . Found inside – Page 667Having concluded that the evidence was properly evaluated , this ground must also fail and same is dismissed . On the ... The court would interfere only when it was of opinion that the sentence was manifestly excessive having regard to the ... Found inside – Page 595... relationship between accused and victim - Sentence of 10 years ' imprisonment not clearly unreasonable – Trial judge did not apply wrong principle - Sentence not manifestly inadequate having regard to gravity and circumstances of offence ... Found inside – Page 66The appellant appealed and the Court of Appeal considered the propriety of enhancing the sentence. Held (6-2-47). — That having regard to the determined and savage nature of the attack and to the fact that the deceased was a lone ... Found inside... court that they had given a sentence discount in return for a guilty plea. ... custodial sentence than I would otherwise have passed having regard to ... Found inside – Page 6087Sentences shall run concurrently unless otherwise specified by the court . ( b ) The court shall not impose a consecutive sentence unless , having regard to the nature and circumstances of the offense and the history and character of the ... Found inside – Page 6... and in particular Article 24 ( 1 ) thereof , Having regard to the Treaty establishing the European Community , and in particular the third sentence of Article 1091 ( 4 ) and Article 235 thereof , Having regard to Council Regulation ( EC ) No 1103 ... Found inside – Page 359However , in arriving at a sentence of three months he did not in my view give sufficient attention to the requirements of an adequate deterrent sentence , having regard to what was said by this Court in R. v . Paterson , supra . In that sense ... Found inside – Page 181-25Paragraph 4 is amended as follows : Having regard to the opinion of the Economic and Social Committee , Having regard to the opinion of the Committee of the Regions , ( a ) In the first sentence , 31 December 1998 ' is replaced by 30 June ... Found inside – Page 710While the new legislation will permit courts to sentence persons convicted of murder to terms of years and even to fix relatively low minimum terms in appropriate cases having regard to various facts which may be taken into account in ... Found inside – Page 154Sentences of imprisonment for a term exof imprisonment and a fine , the court may , if it ceeding one year ; sees fit , having due regard to the provisions of 2. Sentences imposed for infringement of the this Act , order suspension of the penalty of ... Found inside – Page 3508The Member States are therefore at liberty to provide for independent exceptions in that regard . not an acts Having regard to the fact that Paragraph Finally , the first sentence of Paragraph 22 ( 2 ) of the law prohibits not merely 22 ( 3 ) of the ... Found inside – Page 1037The grounds of the appeal were expressed to be that the sentence , having regard to all the circumstances of the case , was manifestly excessive 5 and based on a wrong principle . The offence took place on December 26 , 1957 , which was ... Found inside – Page 263Having duly taken into consideration the gravity of the crimes and Kmojelac's responsibility as established by the Trial Chamber and having regard to ... Found inside – Page 127Having decided so much , the Court of Criminal Appeal in R v Maclay had reached the point where it must conclude that ... and the need for significant deterrent sentences , having regard to the prevalence of the offence in the community . Found inside – Page 109... a reflection of regard • With regard to • In that regard • In this regard • A total disregard • Having regard for • In regard to • Regarding the matter ... Found inside – Page 955Having considered the case law of the ECHR ( including Papon ) , the Prosecution submits that while the age of an accused may be considered as a factor in determining a sentence , there is no jurisprudence that either requires a court to consider age or that precludes the ... With regard to life expectancy , the Prosecution submits that while advanced age can be taken into account in determining ... Found inside – Page 388The sentence imposed by the learned trial judge is excessively lenient , having regard to the circumstances of the case and the nature of the charges . 19 ] In the appellant's argument , the second issue raised is : [ 5 ] After a number of delays ... Found inside – Page 362The Court allowed the question , as having reference to a circumstance Dec. ... and followed by the sentence of the Court , has the same effect in regard to ... Found inside – Page 1602(1) of the Act of 1993, to have the sentences reviewed. He contended that they were too lenient having regard to the gravity of the offences. He further contended that the trial judges had failed to properly take into account the other offences, ... Found inside – Page 2... the other having eight previous convictions on which he had received terms of imprisonment of up to seven years, in the interests of comparative justice, having regard to the differences in their histories, the former's sentence was reduced to ... Found inside – Page 57... or commute the punishment awarded according as seems just , having regard to the offences in the charges the findings on which are confirmed . ( B ) Where a sentence has been awarded by a court - martial in respect of offences in several ... Found inside – Page 289( 4 ) Making the customary discount on an application for review , the sentences would be varied to a total of five years . ... he was on bail , having regard to the overall period to be spent in prison and the persistent course of conduct engaged in ... Found inside – Page 596In the circumstances a suspended sentence or a lesser sentence would not be appropriate. ... The Crown appealed on the ground that the trial judge imposed a wholly inadequate sentence having regard to the circumstances surrounding the ... Found inside – Page 7216 Since the prosecutor had been granted temporary release to the end of sentence , then , having regard to Rule 7 of the 1960 Rules , " his " liberty could lawfully have been curtailed only if he was deemed to have been in breach of the ... Found inside – Page 44... strong presumption that any such legislative provision would be invalid having regard to the provisions of the Constitution . ... There are certain saferent sentences ' as the proper methods guards built into this legislation , of preventing crime . Found inside – Page 610danger as regards the future ; whether it is not contrary to the letter and spirit of the Act establishing the Court ; and lastly , whether it was not one tending to ... or misdirection by the Judge who tried the case , or on the ground that the verdict was unreasonable or could not be supported having regard to the evidence . It was also given jurisdiction in appeals against sentences ( except the death sentence ) . Found inside – Page 414The objectives of sentence review are : ( i ) to correct the sentence which is excessive in length , having regard to the nature of the offense , the character of the offender , and the protection of the public interest ; ( ii ) to facilitate the rehabilitation ... Found inside – Page 460who was the second accused , and found the third accused guilty on the first two counts . On the question of sentence , the magistrate noted that having regard to the quantity of the drug involved ( some 50 000 mandrax tablets ) , the sentence ... Found inside – Page 31As regards the present case , the Commission notes that the Regional Court ' s judgments of 13 January 1978 and 23 July 1980 ... The Regional Court was called upon to determine a new global sentence having regard to the qua shing of this ... Found inside – Page 459But it seems that having regard to the scope of the Ordinance , wherever a workman suffers permanent partial disablement he is ... A. ) , November 27 , 1964 ] Criminal Law - Sentence - Severity - Prisoner aged 50 years — Total of 30 years ' G ... Found inside – Page 409However , the provision is capable of application because when the sentence of imprisonment was imposed he was an ... sentence , having regard to the period for which the defendant has been in custody ; or ( b ) direct that the sentence be ... Found inside – Page 212... when considering positive signs of months plus 2 years ' probation on terms sub rehabilitation - Sentences in lower range being stituted — Trial Judge unduly emphasizing gen adequate in circumstances . eral deterrence , having regard to ... Found inside – Page 341178 100 . Having considered the case law of the ECHR ( including Papon ) , the Prosecution submits that while the age of an accused may be ... In doing appropriate sentence commensurate with the seriousness of the offences having regard ... Found inside – Page 37The High Court had no jurisdiction to enhance the sentences having regard to the course followed . The Code of Criminal Procedure by s . 423 expressly provides upon an appeal against a conviction the sentence cannot be enhanced . Found inside – Page 278However , Mr . Uronu , learned state attorney appearing for the Republic has submitted that the learned trial judge was justified in the circumstances of the case to impose the sentence of twelve years imprisonment having regard to the ... Found inside – Page 445... the legislature provided : “ The court shall not impose a consecutive sentence except as provided for in subsection ( a ) unless , having regard to the nature and circumstances of the offense and the history and character of the defendant , it is ... Found inside – Page 4715Sentences shall run concurrently unless otherwise specified by the court . ( b ) The court shall not impose a consecutive sentence except as provided for in subsection ( a ) unless , having regard to the nature and circumstances of the offense ... Found inside – Page 138It is then argued that her indeterminate detention cannot now be justified , having regard to the destructive effect which such a sentence is having upon her . The affidavits to which I have referred are directed towards establishing the latter ... Found inside – Page 403( d ) Appeals of Cases in which a Sentence of Death Has Been Imposed . ( 1 ) Availability of Review . Whenever a sentence of death is imposed , the Supreme Court shall review the propriety of the sentence , having regard to the nature of the ... Found inside – Page 4336injury , in which event the court may enter sentences to run consecutively . Sentences shall run concurrently unless otherwise specified by the court . ( b ) The court shall not impose a consecutive sentence unless , having regard to the nature ... Found inside – Page 159Such an order , in my opinion , has also the effect of a definitive sentence . ... 312 ) said : “ But having regard to the sentences above quoted , it seems clear that , in the opinion of the Court , the words of the statute covered definitive as well as ... Found inside – Page 1802... be a determinate sentence without parole under the following circumstances : ( 1 ) for murder , where the death penalty is not imposed , the term shall be not less than 20 years unless the couri , having regard to the nature and circumstances ... Found inside – Page 2... a sentence of imprisonment with hard labour in any case shall be construed as conferring power to pass a sentence of ... being an offence the sentence for which is fixed by law is of opinion that having regard to the circumstances , including ...
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