Court : US Supreme Court
..... factual predicate. in both instances the matter concerns higher sentences; in both instances factfinding must trigger the increase; in both instances jury-based factfinding would act as a check: in the first instance, against a sentencing judge wrongly imposing the higher sentence that the judge believes is appropriate, and in the second ..... which a criminal defendant is exposed are elements of the crime. id., at 490 (internal quotation marks omitted); id., at 483, n. 10 ( [f]acts that expose a defendant to a punishment greater than that otherwise legally prescribed were by definition elements of a separate legal offense ). [ 1 ] we held that ..... of efforts to delimit its boundaries. mcmillan initially invoked the distinction between elements and sentencing factors to reject a constitutional challenge to pennsylvania s mandatory minimum sentencing act, 42 pa. cons. stat. 9712 (1982). that law provided that anyone convicted of certain felonies would be subject to a mandatory minimum sentence if .....
Tag this Judgment!Court : UK Supreme Court
..... rather than procedural, law. 40. the distinction between substance and procedure originated in the common law and was preserved by the private international law (miscellaneous provisions) act 1995, which applies in this case. (the distinction has, for torts committed since 11 january 2009, been, happily, superseded by rome ii regulation ec 864/2007 ..... extra-territorial application which is more or less strong depending on the subject-matter. it arises from the fact that, except in relation to the acts of its own citizens abroad and certain crimes of universal jurisdiction such as torture and genocide, the exercise of extra-territorial jurisdiction is contrary to ordinary ..... the absence of any alternative basis for assessing damages for wrongfully causing death under english law. the majority considered that the damages rules in the act could not be regarded as relevant to an assessment of damages for the german cause of action, because the conceptual differences between the english and .....
Tag this Judgment!Court : UK Supreme Court
..... [2010] 2 ac 487, sitting in a constitution of nine justices, this court addressed the impact of section 21 and section 87 of the extradition act 2003 (the act) in the context of the right to respect for private and family life contained in article 8 of the european convention of human rights. the case ..... process arises in the context of alleged or proved criminal conduct. the sentencing decision is similarly based on statute. by section 142 of the criminal justice act 2003 (the 2003 act) the court "must have regard" to a number of wide ranging and sometimes inconsistent specific purposes of sentencing. thus, they include the punishment of ..... drug trafficking: (1) criminal association for the purpose of drug trafficking, which carries a sentence of between ten and 24 years' imprisonment; and (2) a specific act of importation, transportation, possession and supply of drugs, aggravated by being committed by more than three persons, which carries a sentence of between three and nine years' .....
Tag this Judgment!Court : UK Supreme Court
..... whether the publisher has behaved responsibly is necessarily and intimately bound up with the question whether the defence of qualified privilege arises. unless the publisher is acting responsibly privilege cannot arise." 39. this passage did not attempt to define the criteria governing whether it is in the public interest that a particular ..... in whatsoever form are categorically and unequivocally denied.' 10.isc global was set up in october 2000 by stephen curtis, a lawyer. he was already acting for a group of billionaire russians led by mikhail khodorkovsky and leonid nevzlin, who controlled yukos russia's privatised energy giant 15. the dossier also reveals ..... defamatory matter to the world at large where (i) it was in the public interest that the information should be published and (ii) the publisher has acted responsibly in publishing the information, a test usually referred to as "responsible journalism" although reynolds privilege is not limited to publications by the media see .....
Tag this Judgment!Court : UK Supreme Court
..... required is an authoritative grand chamber decision clarifying and rationalising this whole confusing area of the court's jurisprudence. lord dyson 118. the proceeds of crime act 2002 ("poca") provides for two distinct mechanisms for the recovery of proceeds of crime: (i) confiscation by the crown court following conviction (part 2); ..... circumstances it is perfectly obvious that failure to establish guilt according to the required standard does not demonstrate that the defendant did not commit the criminal act. it demonstrates simply that the evidence adduced against him was insufficient to discharge the enhanced burden of proof. after acquittal, the possibility exists that claims ..... occurred. alternatively, they submit that the court should declare the subsection to be incompatible with the convention pursuant to section 4 of the human rights act. this is the only issue concerning the recovery order that arises with regard to the recovery order; other issues that were raised below have not .....
Tag this Judgment!Court : UK Supreme Court
..... the particular circumstances of each case in keeping with the essentially territorial notion of jurisdiction, the court has accepted only in exceptional cases that acts of the contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of article ..... internationally recognized, representative government that will exercise the sovereignty of iraq". in its later resolution 1511 of 16 october 2003, the security council, again acting under chapter vii, "reaffirm[ed] the sovereignty and territorial integrity of iraq, and underscore[ed] in that context, the temporary nature of the ..... which a state has jurisdiction over crimes committed by its nationals abroad; second, the so-called "protective principle" under which states claim jurisdiction over acts committed by aliens abroad which threaten the state; third, the "passive personality" basis of jurisdiction under which a state may exercise jurisdiction over .....
Tag this Judgment!Court : UK Supreme Court
..... he most effective deterrent to crime is the prompt apprehension and punishment of criminals, wherever they may be found. for the accomplishment of these purposes states cannot act alone; they must adopt some effective concert of action" (harvard research in international law, 1935, p 32) 120. this appeal concerns crime of an ..... hermer's submissions did not recognise any difference between extradition and expulsion or deportation. i did not find them either realistic or helpful. 61. the 2003 act specifies those matters that the extradition judge has to consider. before considering any objections to extradition, he has to consider whether the statutory requirements for extradition ..... were for the secretary of state are transferred to the court, and these include the compatibility of extradition with convention rights. part 1 of the 2003 act deals with extradition to "category 1 territories". these are, in effect, members of the european union which operate the european arrest warrant. part 2 .....
Tag this Judgment!Court : UK Supreme Court
..... legality in these terms: "parliamentary sovereignty means that parliament can, if it chooses, legislate contrary to fundamental principles of human rights. the human rights act 1998 will not detract from this power. the constraints upon its exercise by parliament are ultimately political, not legal. but the principle of legality means ..... , preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice ." provision was made in paragraph 6 for establishing a committee of the security council, consisting of all its members ..... that the security council had decided that all states shall, among various other measures "(d) prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other states or their citizens; (e) ensure that any person who participates in the financing, planning .....
Tag this Judgment!Court : US Supreme Court
..... freed of the disabilities of that status -- and at the same time release his parents from their parental obligations -- prior to the actual date of his majority. certain acts, in and of themselves, may occasion emancipation. see, e.g., cal.civ.code ann. 62 (west 1954 and supp. 1981) (emancipation upon marriage or entry in ..... to preserve the constitutional page 450 u. s. 447 right and the unique nature of the abortion decision, especially when made by a minor, require a state to act with particular sensitivity when it legislates to foster parental involvement in this matter." bellotti ii, 443 u.s. at 443 u. s. 642 (powell, j.). because ..... communication and accord will take place routinely or (b) so imperfect that the absence of communication reflects the child's correct prediction that the parent will . . . [act] arbitrarily to further a selfish interest, rather than the child's interest. a state legislature may conclude that most parents will be primarily interested in the welfare of their .....
Tag this Judgment!Court : US Supreme Court
..... artistic, commercial, and consumer activities. see part ii d, infra. we consequently conclude that kirtsaeng s nongeographical reading is the better reading of the act. a the language of 109(a) read literally favors kirtsaeng s nongeographical interpretation, namely, that lawfully made under this title means made in accordance with ..... in favor of the geographical interpretation. first, they say that our quality king decision strongly supports its geographical interpretation. in that case we asked whether the act s importation provision, now 602(a)(1) (then 602(a)), barred importation (without permission) of a copyrighted item (labels affixed to hair care products ..... copies of a work consisting preponderantly of nondramatic literary material . . . in the english language to be manufactured in the united states or canada. copyright act of 1976, 601(a), . because congress expressly referred to manufacturing in this provision, the court contends, the phrase lawfully made under this title in 109 .....
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