Sentence Cap - Law Dictionary Search Results
Home Dictionary Name: sentence cap Page: 4Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Reprieve
Reprieve [fr. reprendre, Fr., to take back], the suspension of the execution of a criminal's sentence.It may take place (1) ex mandato regis, at the mere pleasure of the Crown.Or (2) ex arbitrio judicis, either before or after judgment; as, where the judge is not satisfied with the verdict, or the indictment is insufficient, or any favourable circumstances appear in the criminal's character, in order to give time to apply to the Crown for either an absolute or conditional pardon.Or (3) ex necessitate legis; as where a woman is capitally convicted and pleads her pregnancy. See JURY FMATRONS.Or (4) if the criminal become non compos, 4 Steph. Com.Temporary postponement of execution of a criminal sentence, esp. a death sentence, Black's Law Dictionary, 7th Edn., p. 1305.Reprieve, is derived from reprendre, to keep back, and signifies the withdrawing of the sentence for an interval of time, and operates in delay of execution, A Practical Treatise on the Criminal Law 757, 2nd Edn., 1826.Mean...
felony
felony pl: -nies : a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor ;specif : a federal crime for which the punishment may be death or imprisonment for more than a year see also attainder, treason NOTE: Originally in English law a felony was a crime for which the perpetrator would suffer forfeiture of all real and personal property as well as whatever sentence was imposed. Under U.S. law, there is no forfeiture of all of the felon's property (real or personal) and such forfeiture is not part of the definition of a felony. For certain crimes, however (as for a conviction under the Racketeer Influenced and Corrupt Organizations Act or a narcotics law), specific property, such as that used in or gained by the crime, is subject to forfeiture. Every state has its own statutory definition of a felony. Most are in line with the federal definition of a felony as a crime which carries a sentence of imprisonment for more than one year or the death ...
Heat of passion
Heat of passion, heat of passion requires that there must be no time for the passions to cool down, Ghapoo Yadav v. State of Madhya Pradesh, (2003) 3 SCC 528: AIR 2003 SC 1620 (1622). (Indian Penal Code, s. 300, Exception 4)See also Sridhar Bhuyan v. State of Orissa.Rage, terms, or furious hatred sudden aroused by some immediate provocation, usu. another person's words or action, Black's Law Dictionary, 7th Edn., p. 726.Requires that there must be no time for the passion to cool down and the parties have worked themselves into a furry on account of the verbal altercation in the beginning, Sandhya Jadhav v. State of Maharashtra, (2006) 4 SCC 653: (2006) 4 JT 316: (2006) 3 SCALE 665: (2006) 3 Supreme 217: (2006) 3 SLT 249: (2006) 4 SCJ 489: (2006) 7 SCJD 358: (2006) 5 SRJ 93: 2006 Cr LJ 2111: (2006) 2 SCC (Cri) 394: (2006) 2 Crimes 5 (SC): (2006) 1 JCC 599: (2006) 2 Recent CR 472: (2006) 4 CRJ 437.Subsequent procedures did not impose a heavier penalty than the indeterminate sentence impo...
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Penal Servitude
Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.(2) where under any Act now in force or un...
Parole
Parole is not a suspension of sentence, but is a substitution, during continuance of parole, of lower grade of punishment by confinement in legal custody and under control of warden within specified prison bounds outside the prison, for confinement within the prison adjudged by the court, Jenkins v. Madigan CA Ind, 211 F 2d 904.A parole relates to executive action taken after the door has been closed on a convict. During parole period there is no suspension of sentence but sentence is actually continuing to run during that period also, State of Haryana v. Nauratta Singh, AIR 2000 SC 1179 (1182): (2002) 3 SCC 514. (Criminal PC, 1973, ss. 432, 433A, 389, 482)The promise made by a prisoner of war, when he has leave to go anywhere, to return at a time appointed, or not to take up arms till exchanged.Release on parole is a wing of the reformative process and is expected to provide opportunity to the prisoner to transform himself into a useful citizen. It is also an act of grace and not a ma...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Or
Or, construed as 'and'. The courts may construe 'or' as 'and' if they find from the context that the wrong word must have been used, Morgan v. Thomas, (1882) 9 QBD 643 (645), per Jessel (MR).Or, in the sentence any 'any person concerned in any such offence shall be liable to a penalty not exceeding three times the value of the goods or not exceeding 1000 rupees.' It is clear that if the words form an affirmative sentence, then the condition of one of the clauses only need be fulfilled. In such a case 'or' really means 'either' 'or'. In the Shorter Oxford Dictionary one of the meanings of the word 'or' is given as 'A participle co-ordinating two (or more) words, phrases or clauses between which there is an alternative.' It is also there stated, 'The alternative expressed by 'or' is emphasised by prefixing to the first member or adding after the last, the associated adv. EITHER.' So, even without 'either', 'or' alone creates an alternative. If, however, the sentence is a negative one, th...
- << Prev.
- Next >>