LLB101 Introduction to Law Legal Analysis Assignment Sem 1 2017 Material Facts On January 13, 2015, the applicant was placed on probation for offences of injuring animals and trespass. These offences were committed on November 9, 2014, when the applicant was 12 years old. In this instance, the applicant caught and beat two sheep, later letting them be mauled by a dog. While there was no conviction recorded for these offences, the applicant was sentenced to three months probation. This probation sentence was later increased to six months on April 14, 2015 for further offences. These offences consisted of an attempted break and enter and a break and enter offence, committed in February 2015 and March 2015 respectively. For these offences, despite no conviction being recorded, the applicant’s prior probation was extended and 40 hours of community service was ordered. The …show more content…
Thus, his honour believed that the Act supported the conclusion that pre-sentence custody was not required to be taken into account. This is due to the fact that the sentence of the case consisted only of probation and community service rather than detention. Thus, it was concluded that the time spent in pre-sentence custody could not be counted as detention as the formal sentence was not one of imprisonment. Moreover, his honour also compared the Youth Justice Act and the Penalties and Sentences Act, stating that there was no valid reason that the conditions of pre-sentence custody should vary. Furthermore, his honour referred to R v Fabre, a case whose decision has been followed in Queensland, in order to solidify the decision. Through the analysis of this case, Morrison JA concluded that the courts, have a discretion to take this undeclarable period of time into account, as per section 159A of the Penalties and Sentences
On the day of 2nd March, 2009, the above-named defendant was granted twelve months supervised probation for the crime of violation of Section 18.2-96 as a Class 1 misdemeanor of the Virginia Penal Code.
R v Andrew Leigh Jones pleaded guilty in the magistrate court to trafficking a controlled drug and well as 12 other offences that was brought up from the magistrate court to be sentenced in accordance to section 18 A. Some of the 12 other offences included 5 counts of failing to comply with bail agreements, 2 counts of driving while disqualified, 1 count of driving a motor vehicle without being authorised, one count of driving an unregistered vehicle, 1 count of driving an uninsured vehicle, 1 count of possessing a prohibited weapon and 1 count of unlawful possession. For trafficking a controlled drug a maximum penalty of 50,000 or imprisonment for 10 years while the other 12 offences accumulative not including drug trafficking
Mr. Johnson pled guilty to all pending criminal charges on March 30, 2017 and received two years' probation.
On 03/31/17, Mr. Plaches was charged with Violation of Probation and sentenced to 24 Years at supervision level 5 with credit for 64 days previously served balance of sentence is suspended for 1 year level 4 Home Confinement, followed by 7 years at supervision level 3 (CRA#VS100079404).
For anyone who has had the unfortunate experience of being placed on probation, the biggest fear is violating and being sent to prison. In some circumstances this is a result of multiple incidents, while in other jurisdictions, it is after one minor slip up. So what are these circumstances, what is the violation process, and just how much power does the probation officer have? These are just a few of the questions that will be answered in the following essay.
He was placed on six months supervised probation, ordered to complete an anger management program, ordered to complete 25 hours of community service work and to pay restitution. He completed these conditions and his case was closed to services on July 23, 2014. He additionally had a charge of assault and battery dated January 16, 2013, in Chesapeake dismissed. He was found guilty of a Learner’s Permit violation in Portsmouth dated April 5, 2014, and he had a Defective Equipment citation dismissed. He also had a Curfew violation dated March 24, 2013 dismissed in
On 7-24-2017, Terry Dewayne Cupp was given Probation as part of a Plea Agreement with the District Attorney’s Office. Cupp made an appointment for rules. The appointment was set for 8-15-2017. He did not report for his appointment. A Probation Violation Warrant was issued on 11-1-2017. A Probation Revocation Hearing was held on 1-9-2018. Cupp was sanctioned to 45 days in the Cullman County Detention Center and his probation extended one year.
On December 9, 1993, Jimmie Cates pled guilty to Simple Burlgary and was sentenced to three (3) years hard labor by Judge Robert Fleming. The court suspended the sentence and placed Jimmie Cates on three (3) years supervised probation. The court placed special conditions of paying court cost, paying a fine of $500.00, reimbursing the Indigent Defender Board $250.00 for legal services, and pay a $20.00 per month probation fee. There are no records at the office of Probation
felony for burglary, then he was convicted of another burglary charge and he was sent to a
In separate cases two men whose names are Nicholas A. Kurchock and Jeremy M. Shafer. They returned to prison and their judges revoked their paroles and probation. Kurchock could remain in prison until March 7, 2018 and Shafer could remain in prison until Dec. 18, 2018. Kurchock violating his parole and probation by not reported to his supervising officer for 2 months, moving without permission, failing 2 drug tests, not finishing alcohol highway safety school, and song other stuff. He pleaded guilty on June 7 to, driving under the influence, stop sign violation, failure to obey traffic control devices, careless driving, and possession of a small amount of marijuana. He was sentenced to serve 5 days to six months in prison, 12 months on probation
The minor has a prior probation history in the form of ward probation on two separate occasions. It is believed that probation at both times did not affect the minor’s delinquent and violent attitude. The minor has experimented with both drugs and alcohol in the past however this officer does not feel that drugs and alcohol have a detrimental
Larry’s prior history and involvement with the Department of Juvenile Justice is moderate. Larry was placed on indeterminate supervised probation on July 11, 2013, after being found guilty of unlawful wounding. He was also ordered to complete 25 hours of community service work and a complete a letter of apology. Larry’s adjustment to supervision was moderate. He was found guilty of a violation of probation in May of 2014, and was sentenced to 12 days in detention and was released from supervision.
As a result he was sentenced to 14 months in prison and was later released in 2008. As he returned home, he hoped to start a new life - putting his legal issues behind him.
Although the principles of equality for women under the Declaration of Independence and the Woman’s Equal Rights Law were not endowed with constitutional force and although the 1992 Basic Law: Human Dignity and Liberty does not expressly include the principle of equality, these laws have been interpreted by the courts as securing the principle of gender equality as a basic principle of the legal system.
In the course of your appeal, we will argue that the sentence was disproportionate to the gravity of offence and that the appropriate action would be to suspend the sentence, meaning that the sentence would not take effect immediately but would require you to comply with certain requirements. If you fail to comply you could be brought back before the sentencing court. Alternatively, the judge could impose a fine instead of sentencing you to imprisonment, or alternatively, sentence you to probation, with community service, as a term of your