Our hope is these [mitigatory effects] will give us enough of a window to make adjustments and prepare for what's coming.
|
|
A company that does not do so is exposing their clients and partners to risk and depriving them of the opportunity to devise a mitigatory strategy in response to the breach.
|
|
Now, claiming an assault or homicide was a case of "rough sex gone wrong" would not work as a defense, Edwards said, but could have some "mitigatory impact" on a defendant's culpability, and sentencing.
|
|
Many environmental issues were identified at project appraisal: the potential for soil erosion, the possibility of declining soil fertility, need for protection against pests and disease, possible adverse effects on wildlife and deforestation, impact on indigenous people, and the need to strengthen the borrower's capacity for managing natural resources. But often, the audits found, the proposed mitigatory measures were unrealistic or were insufficiently monitored by the government.
|
|
In English law, provocation was a mitigatory defence which had taken many guises over generations many of which had been strongly disapproved and modified. In closing decades, in widely upheld form, it amounted to proving a reasonable total loss of control as a response to another's objectively provocative conduct sufficient to convert what would otherwise have been murder into manslaughter. It does not apply to any other offence. It was abolished on 4 October 2010The Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010 (S.
|
|
Julian Knight (born 4 March 1968) is an Australian mass murderer. On 9 August 1987, he shot dead seven people and injured 19 during a shooting spree in Clifton Hill, Victoria, Australia, in what became known in Australian history as the Hoddle Street massacre. Knight is currently serving seven concurrent sentences of life imprisonment with a non-parole period of 27 years. The judge who sentenced him, Justice George Hampel, stated that there were 'a number of significant mitigatory factors' and 'the fixing of a minimum term in this case is appropriate because of your age and your prospects of rehabilitation.
|
|
CESS contributions over the years have enhanced knowledge of the geological evolution of south India, the complexity of coastal processes and natural hazards, as well as in proposing mitigatory measures to deal with natural hazards. CESS carries out studies in river basin evaluation, ground water management, coastal erosion, and other special problems. CESS does research in earth system, micro-level watershed planning, natural hazards management, chemical analysis, CRZ mapping, and studies of air, water, land, noise pollution, etc. CESS also does environmental impact assessment, coastal and estuarine management, terrain analysis, natural resources management, laser applications, river sand mining, and microlevel planning.
|
|
The Eritrean Ambassador to South Africa, Tsegaye Tesfa Tsion, flew to Harare to attend the trial. The attacker was sentenced to ten years in prison, while his accomplice Abraham Goletom Joseph, who had been arrested in a police raid, was sentenced to five years. They said that they had been tortured under Mengistu, and on appeal their sentences were reduced to two years each due to "mitigatory circumstances". The Ethiopian ambassador to Zimbabwe, Fantahun Haile Michael, said his government was not involved in the assassination attempt, and that he heard about the incident from the media.
|
|
HM's AG for Jersey v Holley (2005) 3 AER 371. Since the passage of the Coroners and Justice Act 2009, the defence of provocation—used in a number of the aforementioned cases—has been replaced with 'loss of control'. The Law Commission Report on Partial Defences to Murder (2004) rejects the notion of creating a mitigatory defence to cover the use of excessive force in self-defence but accepts that the "all or nothing" effect of self-defence can produce unsatisfactory results in the case of murder.The Law Commission Report on Partial Defences to Murder (2004), Part 4 (pp. 78-86).
|
|
The Law Commission's report on Partial Defences to Murder rejects the notion of creating a mitigatory defence to cover the use of excessive force in self- defence, but accepts that the "all or nothing" effect can produce unsatisfactory results in murder cases. For example, a battered woman or abused child using excessive force because they are physically at a disadvantage and not under imminent attack, would be denied a defence. Further, an occupant not sure if violence to defend their property against invasion is reasonable, may feel forced to do nothing. It was always possible the same set of facts could be interpreted as either self-defence or provocation where there was a loss of control resulting in death.
|
|
Legal defenses like the gay panic defense allow for more lenient punishments for people accused of beating, torturing, or killing homosexuals because of their orientation. These arguments posit that the attacker was so enraged by their victim's advances as to cause temporary insanity, leaving them unable to stop themselves or tell right from wrong. In these cases, if the loss of faculties is proven, or sympathized to the jury, an initially severe sentence may be significantly reduced. In several common law countries, the mitigatory defense of provocation has been used in violent attacks against LGBT persons, which has led several Australian states and territories to modify their legislation, in order to prevent or reduce the using of this legal defense in cases of violent responses to non-violent homosexual advances.
|
|
In theory, the defence of property by itself cannot reasonably provide a justification for inflicting serious injury, but there are a number of cases approving considerable violence to arrest criminals threatening property. Although R v Scully (1824) 171 ER 1213 held that it was not justifiable to shoot an intruder merely to arrest him, on the facts, "the life of the prisoner was threatened, and if he considered his life in actual danger, he was justified in shooting the deceased as he had done; but if, not considering his own life in danger, he rashly shot this man, who was only a trespasser, he would be guilty of manslaughter." See self-defence (Australia) for a comparative view on whether the use of excessive force causing death should give rise to a mitigatory defence and "Reform" below. In Mead and Belt's Case (1823) 68 ER 1006.
|
|
This mitigatory defence was abolished in Zecevic v Director of Public Prosecutions which expressed the view that provocation should be the alternative considered. The defence was re-introduced in statutory form in South Australia in 1991, revised in 1997. The Criminal Law Consolidation Act 1935 (SA) s15 now reads: :(2) It is a partial defence to a charge of murder (reducing the offence to manslaughter) if: ::(a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; but ::(b) the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist. :(3) For the purposes of this section, a person acts for a defensive purpose if the person acts: ::(a) in self defence or in defence of another; or ::(b) to prevent or terminate the unlawful imprisonment of himself, herself or another.
|
|