If you would like to contribute to the European Law Encyclopedia, please contact us. Categories Sitemap 05 2021 , "Aggregate Sentences" lawlegal.eu. 3. (6) To avoid doubt, an aggregate sentence of detention may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge. Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences, the terms of which have been aggregated: (a) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate term of imprisonment; and (b) The Board is not required … 4. Please note this CC BY licence applies to some textual content of Aggregate Sentences, and that some images and other textual or non-textual elements may be covered by special copyright arrangements. You should not rely on this information. VOL.) 29.6 - Aggregate sentencing. The aggregate minimum term would be 11 years, and the “maximum term” is: 4 + 3 + 3 + 1 + 2 (50% of 4 years - the longest minimum or definite term for the most serious felony being sentenced) = 13 years INDEFINITE SENTENCING CALCULATION: IMPORTANT POINTS The introduction of s362B into the CYFA may be interpreted as a procedural legislative change that does not attract the presumption of retrospectivity, see 11.6.5.2 of the Victorian Sentencing Manual for case law on procedural legislative changes. in sentencing an offender for more than one offence, impose an aggregate sentence of imprisonment with respect to all or any 2 or more of those offences instead of imposing a separate sentence of imprisonmentfor each. Aggregate Sentence Author: Jessica Aguirre Read related entries on A, AG. & JUD. (iii) Where the aggregate maximum term of two or more consecutive sentences, one or more of which is a determinate sentence and one or more of which is an indeterminate sentence, imposed for two or more crimes, other than two or more crimes that include a class A felony, commmitted prior to the time the person was imprisoned under any of such sentences, exceeds thirty years, … Aggregation just means the sentences are added together because the judge wanted them to run consecutively. EU Law by Topics aggregate litigation, including consolidation and class actions. (iii) Where the aggregate maximum term of two or more consecutive sentences, one or more of which is a determinate sentence and one or more of which is an indeterminate sentence, imposed for two or more crimes, other than two or more crimes that include a class A felony, commmitted prior to the time the person was imprisoned under any of such sentences, exceeds thirty years, … Immigration law is second only to the tax law in terms of complexity, and the intersection of criminal and immigration law, is among the most difficult concepts to grasp. Trial Court Opinion, 12/13/91, at p. 12. The maximum period of detention the Court is empowered to order is not affected by s362B and as clarified in the Explanatory Memorandum to the Youth Justice Reform Bill, the provision ‘aims to improve efficiency for the Court in sentencing procedures’ (s362B(3), Explanatory Memorandum to the Youth Justice Reform Bill, 5). (3) The term of the aggregate sentence of detention must not exceed the total effective period of detention that could have been imposed in respect of the offences in accordance with this Act if the Court had imposed a separate sentence of detention in respect of each of them. European Law Books lawlegal.eu, 07 2017. In criminal law, fundamental constitutional rights to an individual day in court sharply limit the occurrence of procedural aggregation, such as joinder, during trials. LAW (2002, 2012 REPL. limit the occurrence of procedural aggregation, such as joinder, during. Asian Legal Encyclopedia (7) Nothing in this section affects the requirements of—, (a) section 362A (sentence discount for guilty plea); or, (b) section 411 (youth residential centre orders); or. 100 examples: The clustered chromosomes aggregated very closely and irregularly, whereas… See 12.6 of the Victorian Sentencing Manual at 12.6 for information on s9 and aggregate sentencing. VOL.) Pages Sitemap Composed of several; consisting of many persons united together. (4) If the Court proposes to impose an aggregate sentence of detention it must, before doing so, announce in open court, in language likely to be readily understood by the child—, (a) the decision to impose an aggregate sentence and the reasons for doing so; and. Dictionary ! Code, § 186.22, subd. Aggregate Sentence: Two or more consecutive sentences that have been combined. Examples of aggregate in a sentence, how to use it. Under the CYFA, the Court can impose the following types of sanctions as an aggregate sanction: Power to impose aggregate sentence of detention. The department of rehabilitation and correction shall reduce the aggregate definite sentence, aggregate stated prison term or aggregate minimum and aggregate maximum sentences or combination thereof, as determined by rule 5120-02-03, 5120-2-03.1 or 5120-2-03.2 of the Administrative Code, by the total number of days the offender was confined for all of the … Meaning of Aggregate Sentence; Resources. Dictionaries of Law A collection of particular persons or items, formed into one body; as a corporation aggregate, which is one formed of a number of natural persons; the union of individual charges make an aggregate charge. 1. In Case A, the court selected count 1 (Pen. The World's Largest Free and Online Legal Dictionary. A Law Dictionary, Adapted to the Constitution and Laws of the United States. In criminal law, fundamental constitutional rights to an individual day in court sharply. Menu. As to parole violation sentences Judge Temin concluded, "There is absolutely no basis in the law for applying § 9757 so as to aggregate the `back-time' part of a county prison sentence with a subsequently imposed sentence so as to change the jurisdiction over reparole." Entries Sitemap Synonyms and Definition Contents . People v. Contreras. (ii) whether those sentences would have been imposed concurrently or cumulatively. The smaller minorities got an aggregate of 1,327 votes. We've reached out to Mark Karpeles and will update the story if we hear back. In summary, every sentence or aggregate sentence passed takes effect from the time it is passed, unless the court otherwise directs. The football team had a low goal aggregate last season. The Youth Justice Reform Act does not contain a specific transitional provision in relation to s362B CYFA. (1) This section applies if a child is convicted by the Court of 2 or more offences which—. UK Legal Encyclopedia Main Sitemap Index PROC. Labels Sitemap, Designed by Elegant Themes | Powered by WordPress. on the F3, and orders the sentences on each count to run consecutively. Warning and Deferment in Cases of Aggregate Sentences in Germany Provisions relating to warning and deferment in cases of aggregate sentences in the German Criminal Code 1 This criminal issue is covered by Chapter Three Sanctionsunder the Fifth Title Warning Combined With Deferment of Sentence Discharge … CODE ANN., CTS. 29 - Sentencing in the Childrenâs Court, 29.4 - Sentencing orders in the Criminal Division, 29.5 - No power to fix a non-parole period, 29.7 - Sentencing Advisory Council statistics, 29.9 - Proceedings for breach of CYFA sentencing orders, non-accountable undertaking - s363(2) (and accountable undertaking) (see. (f) A person serving one or more indeterminate sentences and one or more determinate sentences which run consecutively may receive a merit time allowance not to exceed the sum of one-sixth of the minimum or aggregate minimum period of the indeterminate sentence or sentences imposed for an offense other than an A-I felony offense defined in article two hundred twenty of the penal law, one-third of the minimum or aggregate minimum period of the indeterminate sentence or sentences … This section confers power to direct that a sentence may commence … Broadly speaking, in this sub-Chapter "aggregate sentencing" means a single sentence imposed on more than one offence. Examples of Aggregate Interest Rate Notional Amount in a sentence. The California Supreme Court clarified that a sentence need not exceed life expectancy to deprive a juvenile nonhomicide offender of the requisite meaningful opportunity for release based on demonstrated maturity and rehabilitation, remanding a 50-year and a 58-year sentence for resentencing. By John Bouvier. Consecutive Sentence: A sentence to be served immediately following the termination or completion of another sentence. Non-custodial sentences. The parole system in one State or Territory may also be so much different from the system in another as to warrant … Published 1856. American Legal Encyclopedia When the aggregate sentence exceeds either one year on the minimum end or two years on the maximum end, it becomes a state sentence. Long Aggregate Sentence for 17 Year Old For Vicious Crimes Not Unconstitutional 7. This site is educational information based. In October 2012, the trial court sentenced him to an aggregate determinate sentence of nine years state prison. [21] So, for example, a State or Territory aggregate sentence law may be picked up and applied in a manner which results in a different sentence structure in one State or Territory from that which would be imposed for the same federal offence in another State or Territory. (2) The Court may impose an aggregate sentence of detention in respect of those offences in place of a separate sentence of detention in respect of all or any 2 or more of them. , "Aggregate Sentences" lawlegal.eu. Certain aspects of s362B CYFA are modelled on s9(1) of the Sentencing Act 1991 which allows courts to impose aggregate sentences of imprisonment for adult offenders in certain circumstances (see also Saxon v R [2014] VSCA 296). … This entry about Aggregate Sentences has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Aggregate Sentences entry and the Encyclopedia of Law are in each case credited as the source of the Aggregate Sentences entry. Except as otherwise provided in subsection 3 of NRS 176.035, if the Department of Corrections aggregates sentences that are comprised of separate aggregated sentences, the Department of Corrections may aggregate all the consecutive sentences to create a single aggregated sentence. Further, s362B(7) expressly provides that nothing in s362B affects the requirements of ss411, 413 CYFA, provisions regarding youth residential centre orders and youth justice centre orders respectively. Gox and is determined by the customer's aggregate amount of funds exchanged on a monthly basis. Section 213.1212 - Eligibility for parole of prisoner whose sentences have been aggregated; written request to aggregate sentences 1. Law (verb) An example of aggregate is to mix ingredients for concrete together. Aggregate Sentence. By way of contrast, in civil cases, courts permit a range of aggregate litigation, including consolidation and class actions. (c) Treatment of Multiple Sentence as an Aggregate.— Multiple terms of imprisonment ordered to run consecutively or concurrently shall be treated for administrative purposes as a single, aggregate term of imprisonment. French Law (in French) Nevertheless, the boundaries between civil and criminal law approaches to aggregation … The Legal Thesaurus Law Abbreviations The three smaller parties gained an aggregate of 25 per cent of the vote. 2. As for aggregate sentences: see Aggregate sentences at . 05 2021. They purchased an aggregate § 12-702(b) – AGGREGATE SENTENCE – Court of Appeals held that law of case doctrine does not bar trial court from considering under Maryland Rule 4-345(a) issue as to sentence’s legality that appellate court has not resolved. Encyclopedia of Law: The equivalent to a print encyclopedia with 178 volumes. 07, 2017. (b) the effect of the proposed aggregate sentence. Section 53B permits the Local Court to impose an aggregate sentence of up to five years. European Legal Books To read this full article you must be a subscriber: Free and Easy Access to Online Legal Information, Aggregate Sentences in Europe Warning and Deferment in Cases of Aggregate Sentences in Germany Provisions relating to [...], Violating the Attorney-client Relationship, Acquisition of False Official Identity Documents, PRE LEX: monitoring the decision making process between EU institutions, Warning and Deferment in Cases of Aggregate Sentences in Germany, Traditional and New Forms of Crime and Deviance, - Page Visits in the past year: 12,537,600. (1974, 2013 REPL. Broadly speaking, in this sub-Chapter "aggregate sentencing" means a single sentence imposed on more than one offence. If the parolee was on parole 100 days and parole is revoked for a misdemeanor conviction, a period of 40 days is subject to possible forfeiture under § 2.105(d). (Added Pub. Notwithstanding any other provision of law, … Web. (c) section 413 (youth justice centre orders). (b) form, or are part of, a series of offences of the same or a similar character. A representative charge is a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the accused. Think of it as the total sentence to be served on all cases. It does not alter the jurisdictional limit of two years for individual offences referred to above. Concurrent Sentence: Sentences … Aggregate Sentences in Europe Warning and Deferment in Cases of Aggregate Sentences in Germany Provisions relating to warning and deferment in cases of aggregate sentences in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Fifth Title, […]. You should contact a lawyer licensed in your jurisdiction for advice on specific legal problems.". § 1-202 – MAXIMUM SENTENCE FOR CONSPIRACY – MD. Case Law; Research and Reports; Amicus Briefs; Select Page. If a prisoner is sentenced pursuant to NRS 176.035 to serve two or more concurrent sentences, whether or not the sentences are identical in length or other characteristics, eligibility for parole from any of the concurrent sentences must be based on the sentence which requires the longest period before the prisoner is eligible for parole.. 2. A collection of particular persons or items, formed into one body; as a corporation aggregate, which is one formed of a number of natural persons; the union of individual charges make an aggregate charge. A rolled-up charge is a charge in an indictment that alleges that the accused has committed more than one offence of the same type between specified dates. 8. Dictionary Thesaurus Examples Sentences … For example, if the parolee is serving a two-year DC Code sentence and a three-year U.S. Code sentence, the DC sentence is two fifths, or 40 percent, of the aggregate sentence (five years). Thus, if the sentencer does not specify the date for commencement, it will be deemed to commence on the day on which the sentence or aggregate sentence was imposed. (5) If the Court imposes an aggregate sentence of detention in respect of 2 or more offences, the Court—, (a) is not required to identify separate events giving rise to specific charges; and, (i) the sentences that would have been imposed for each offence, had separate sentences been imposed; or. Look at it this way: if you get it wrong, whoever you are doing … Aggregate Sentence Definition Legal Term. Aggregate Sentence. … At any time there may be more than one Interest Rate Swap Transaction and/or Interest Rate Swaption Transaction in the Notional Portfolio although the Aggregate Interest Rate Notional Amount at any time may not exceed the Interest Rate Notional Cap. 297+7 sentence examples: 1. On this construction, s362B is available as a sentencing option on and after 1 June 2018 irrespective of the date of offence. AGGREGATE. trials. "The views expressed in this entry are those of the author/s and do not necessarily reflect the views of the American Encyclopedia of Law. Author Sitemap On 1 June 2018, the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 (‘Youth Justice Reform Act’) inserted a new s362B into the CYFA to give the Children’s Court the power to impose an aggregate sentence of detention in relation to two or more related offences. Aggregate Sentences lawlegal.eu Retrieved 05, 2021, from https://lawlegal.eu/aggregate-sentences/, 07 2017. The provisions of this section do not establish a basis for any cause of action by a prisoner … Under the CYFA, the Court can impose the following types of sanctions as an aggregate sanction: Metadata for Law. Joe Mullin Joe has covered the intersection of law and technology, including the world's biggest copyright and patent battles, since 2007. Law Dictionary – Alternative Legal Definition. This entry about Aggregate Sentences has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Aggregate Sentences entry and the Encyclopedia of Law are in each case credited as the source of the Aggregate Sentences entry. State … Accesed 05 2021. https://lawlegal.eu/aggregate-sentences/, Matthew Bailey, 'Aggregate Sentences' (lawlegal.eu 2017) accesed 2021 May 18, This entry was last updated: July 22, 2017, Competition (2017, 07). Aggregate means to combine or mix together. By way of contrast, in civil cases, courts permit a range of. For guidance on citing Aggregate Sentences (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry". L. 98–473, title II, … Specific facts can and often do drastically change legal results. 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