Example sentences of "in [art] defendant ['s] " in BNC.
Next page| No | Sentence |
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| 1 | He allows that , despite his claiming to have no consciousness of them , a court may punish a man for his drunken actions , but this is only because it can not be sure of distinguishing in the defendant 's plea ‘ what is real , what counterfeit ’ . |
| 2 | Surely it is possible that a jury might decline to convict of murder a person who intentionally killed under gross provocation , even though they knew that the judge could give a lenient sentence , because they wished to signify the reduction in the defendant 's culpability by using the less stigmatic label of manslaughter . |
| 3 | These were reproduced in the defendant 's case : |
| 4 | Held , ( 1 ) that section 18(1) and ( 2 ) authorised an order for payment by the board of that part of the costs of the proceedings determined in the defendant 's favour incurred by him personally at any time when he was not receiving legal aid and was thus an unassisted person ; that , accordingly , the House had jurisdiction under the section to order payment by the board of the defendant 's costs incurred before the issue of his legal aid certificate ; and that the appropriate course was to adjourn the defendant 's application under regulation 143 of the Regulations of 1989 for him to pursue his claim in accordance with regulation 147 ( post , pp. 199G , 201A–B , E , H — 202A , 203B–D ) . |
| 5 | But I see no difficulty in reading the language of subsections ( 1 ) and ( 2 ) of section 18 as authorising an order for payment by the board ( subject , of course , to the criteria prescribed by subsection ( 4 ) ) of such part of the costs of the proceedings which are eventually determined in the defendant 's favour as were incurred by the defendant personally at any time when he was not receiving legal aid and accordingly fell within the definition of an unassisted party . |
| 6 | Halsey 's case [ 1961 ] 1 W.L.R. 683 , is particularly in point because part of the claim was based on the noise of oil tankers , not just in the defendant 's depot , but as they were driven along the road past the plaintiff 's house : see pp. 700–701 . |
| 7 | The plaintiff also failed in his claim in Rickards v. Lothian where some third person deliberately blocked up the waste-pipe of a lavatory basin in the defendant 's premises , thereby flooding the plaintiff 's premises . |
| 8 | The plaintiff was given a temporary licence to leave her car in the defendant 's yard . |
| 9 | It is the risk to public order inherent in the defendant 's words or conduct that represents the harm struck at by the section . |
| 10 | ( d ) Whether the unlawful act was a dangerous one is judged not by the accused 's state of mind , but by a sober and reasonable person in the defendant 's position . |
| 11 | The plaintiff worked in the defendant 's brick kilns . |
| 12 | Furthermore , if the originating process is served late , the court may allow the hearing or pre-trial review to proceed even in the defendant 's absence , or it may adjourn the hearing ( Ord 7 , r 16 ) . |
| 13 | So there are two tests basically ; one the means test — can he afford it or not , and two the interest of justice test — is it in the interest of justice that this person should be legally aided , and any doubt on that is resolved in the defendant 's favour . |
| 14 | Secondly , a change in a defendant 's domestic circumstances — eviction from rented accommodation , dismissal from work , loss of family ties — could well have an adverse effect on the choice of sentence following conviction . |