The state argued that Hughes was not prejudiced by the lack of notice because he received "constructive notice" of the aggravating
factors when they were used at the earlier district court proceeding, and that because Hughes didn't contest the existence of the aggravating
factors, the additional notice wouldn't have changed the result at sentencing.
factor, or factors, found to exist outweigh the mitigating circumstances found to exist.
The maximum penalty for the offence of furious, reckless or dangerous driving where an aggravating
factor is present will be 200 penalty units, imprisonment for two years or both.
"The third aggravating
factor was the context in which Mr Suarez used the insulting words.
This comment will analyze three of South Dakota's aggravating
circumstances listed in S.D.C.L.
In a fatal accident where there was one aggravating
factor, such as previous convictions, the punishment could still be a community penalty.
The government indicted Jones for violating this provision, but the indictment did not mention any of the sentence aggravating
factors listed in the statute, and the judge advised Jones at arraignment that the maximum punishment was confinement for fifteen years.
feature would be driving while the motorist's attention was 'avoidably distracted - by reading or by the use of a mobile phone, especially if hand-held'.
feature would be driving while the motorist's attention was ``avoidably distracted - by reading or by the use of a mobile phone,especially if hand-held'', they said.
Most states accomplish this by enumerating a set of death-qualifying aggravating
``But the panel, supported by those we spoke to in our consultation exercise, did not agree with that.'' Using a mobile phone, especially a hand-held, should also be an aggravating
factor, as will reading while driving.
Fowler also says, "The extension from aggravating
a person's temper to aggravating
the person himself is slight and natural." That was enough for me.