circumstances of the offence

These classes are differentiated by the circumstances of the offence committed.

The circumstances of the offences are not known at the time of writing.

This decision has since been regarded as being of its own type and closely dependent upon the circumstances of the offence.

The problem that soon emerged was Beccaria's insistence on the strict proportionality between offences and punishments, regardless of the circumstances of the offence or characteristics of the offender.

Depending on the circumstances of the offence, the motorist can then be advised regarding their driving, cautioned or prosecuted, when the video recording can be used in court if necessary.

This act applies in accordance to the seriousness and circumstances of the offence, and the age, maturity, character, background and previous record of the young person and any other factors considered relevant (Section 72).

It would also have given expression to the legitimate feelings of outrage which must have been experienced by reasonable men and women in the community when the circumstances of the offence had been disclosed and appreciated.

Authorised Officers are required to submit a Report of non-compliance with the details, specific nature and circumstances of the offence to the Department of Transport, who then processes the reports and decide upon any penalties.

One advantage of that approach would be to direct attention to the particular source of danger, thus labelling the offence in a way which both describes the circumstances of the offence and serves an educative or even deterrent purpose.

Martin said that the "extensive, continuous and in some respects extraordinary" pre-trial media coverage, the circumstances of the offence and the fact that a judge would provide reasons for his or her decision supported a trial by judge alone.

The recognizance can be for any amount the court determines would be appropriate based on all of the circumstances (the accused's financial situation, the circumstances of the offence, the likelihood of the recognizance not being complied with, etc.).

But he also wished to exclude from consideration all 'mitigating' factors, such as the personal characteristics of the offender and the circumstances of the offence, since he saw these as irrelevant to effective deterrence (as was the concept of 'mitigation'itself).

In Ong Ah Chuan, the Privy Council interpreted Article 12(1) as prohibiting laws requiring differentiation in the punishment of individuals in the same class, but allowing differentiation in punitive treatment between different classes of individuals where there was a difference in the circumstances of the offences committed.

By providing sentencers with one set of criteria relating to the circumstances of the offence in question, and a different range of criteria taking into account relevant characteristics of the offender, the guide-lines operate rather in the manner of a road mileage chart, enabling the appropriate, or 'presumptive', penalty to be simply 'read off' from the matrix supplied.

The Act provided a right to bail in non-capital cases, and authorized bail in capital cases-by the district courts, circuit courts, and Supreme Court, or any individual judge of them-issued on an "exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law."

In deciding what degree of force is both reasonable and necessary, all circumstances must be taken into account, including the threat of violence the suspect poses to the arrester or others, and the nature and circumstances of the offence the suspect is suspected of having committed-the force being proportional in all these circumstances.