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Aggravating circumstances (3 to 15 years): a) by two or more persons together; b) by a person in possession of a gun or a narcotic substance; c) by a masked or disguised person; d) against a person who cannot defend his or herself; e) in a public place; f) in a public transportation vehicle; g) during nighttime; h) during a natural disaster; i ...
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself".
Licensee – A person who is on the property of another, despite the fact that the property is not open to the general public; historically, emergency workers have been considered licensees. Invitee – A person who is invited to the land by the possessor of the land, either as a guest or to conduct business.
In order for a person to be found guilty of this crime, the evidence must prove that the defendant uttered a profanity (the act) in a public place (the contextual attendant circumstance) with the intention of provoking a violent reaction (the mental element demonstrating the right type of culpability) and thereby causes a breach of the peace ...
Aggravating factors may include: a significant degree of planning or premeditation, the victim being particularly vulnerable due to age or disability, mental or physical suffering inflicted on the victim before death, the accused's abuse of a position of trust, the use of duress or threats against another person to facilitate the commission of ...
A person, A, conveys (gives) a piece of real property called "Blackacre" "to B for life, and then to C and her heirs". B receives a life estate in Blackacre. C holds a remainder, which can become possessory when the prior estate naturally terminates (B 's death). However, C cannot claim the property during B 's lifetime.
If a defendant is convicted of first-degree murder and one of 22 listed special circumstances are found to be true, the only possible penalties are life in prison without the possibility of parole or death (25 years to life if the defendant was a juvenile). [2] As of March 2019, the Governor of California placed a moratorium on capital ...
R v De Simoni is a decision of the High Court of Australia.. The case is notable for the 'De Simoni principle', a doctrine that applies to criminal sentencing law. The rule 'bars sentencing judges from relying on facts that would amount to a more serious crime than the one the offender had been convicted of'. [1]