Twitter Pinterest News Main Evening News, Sport and Obituaries Tuesday May 25th Facebook By News Highland – February 18, 2013 Pinterest 365 additional cases of Covid-19 in Republic Donegal man pleads guilty to 14 sexual assault charges Twitter Further drop in people receiving PUP in Donegal Google+ Man arrested on suspicion of drugs and criminal property offences in Derry WhatsApp Previous articleDonegal TD says company grants must be linked to job creationNext article100 new Facebook jobs for Dublin News Highland Google+ WhatsApp RELATED ARTICLESMORE FROM AUTHOR Facebook A Donegal man has admitted to the sexual abuse of seven victims over a 16 year period.His victims were five males and two females.The man, who cannot be named, pleaded guilty at the Central Criminal Court to 14 counts of indecent assault, sexual assault and rape between 1984 and 2000 in Donegal and Dublin.Mr Justice Paul Carney ordered that he registered as a sex offender.The accused was remanded on continuing bail until sentencing on April 15 next after the prosecution said he is not considered a flight risk and is unlikely to re-offend.The judge ordered that victim impact reports be prepared for the sentencing hearing which is expected to last most of the day because of the number of victims. 75 positive cases of Covid confirmed in North Gardai continue to investigate Kilmacrennan fire
News UpdatesDelhi High Court (FB) Mandates Filing Of Convict’s Income Affidavit & Victim Impact Report To Determine Compensation U/S. 357 CrPC LIVELAW NEWS NETWORK7 Dec 2020 1:23 AMShare This – x”Court has to take into consideration the effect of the offence on the victim’s family even though human life cannot be restored but then monetary compensation will at least provide some solace”Holding that Section 357(3) of CrPC for payment of compensation to victims is a mandatory provision, the Delhi High Court recently issued directions to the Trial Courts to take steps to implement the same. Section 357(3) empowers the Court to award compensation to victims who have suffered by the action of the accused. It states- When a Court imposes a sentence, of which fine does not…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginHolding that Section 357(3) of CrPC for payment of compensation to victims is a mandatory provision, the Delhi High Court recently issued directions to the Trial Courts to take steps to implement the same. Section 357(3) empowers the Court to award compensation to victims who have suffered by the action of the accused. It states- When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. The Full Bench comprising of Justices JR Midha, Rajnish Bhatnagar and Brijesh Sethi has held that the word “may” in Section 357(3) CrPC means “shall” and therefore, Section 357 CrPC is mandatory. It observed that the provision was enacted to reassure the victims that they are not “forgotten” in the criminal justice system. The Bench remarked, “Victims are unfortunately the forgotten people in the criminal justice delivery system. Victims are the worst sufferers. Victims‟ family is ruined particularly in cases of death and grievous bodily injuries. This is apart from the factors like loss of reputation, humiliation, etc. The Court has to take into consideration the effect of the offence on the victim’s family even though human life cannot be restored but then monetary compensation will at least provide some solace.” Reliance was placed on Hari Singh v. Sukhbir Singh, (1988) 4 SCC 551, where by the Supreme Court deplored the failure of Courts in awarding compensation under 357 CrPC. After noting number of cases, it had observed that, “Section 357 CrPC confers a duty on the Court to apply its mind to the question of compensation in every criminal case. It necessarily follows that the Court must disclose that it has applied its mind to this question in every criminal case.” Reference may also be had to Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770, wherein the Supreme Court had given directions that the Courts shall consider Section 357 CrPC in every criminal case and if the Court fails to make an order of compensation, it must furnish reasons In this backdrop, the High Court has directed: After the conviction of the accused, the Trial Court shall direct the accused to file the affidavit of his assets and income within 10 days.After the conviction of the accused, the Court shall also direct the State to disclose the expenses incurred on prosecution on affidavit along with the supporting documents within 30 days. Upon receipt of the affidavit of the accused, the Trial Court shall immediately send the copy of the judgment and the affidavit of the accused and the documents filed with the affidavit to DSLSA. Upon receipt of the judgment and the affidavit of the accused, DSLSA shall conduct a summary inquiry to compute the loss suffered by the victims and the paying capacity of the accused and shall submit the Victim Impact Report containing their recommendations to the Court within 30 days. [Format of the affidavit to be submitted by the convict and the Victim Impact Report is annexed with the judgment]Delhi State Legal Services Authority shall seek the necessary assistance in conducting the inquiry from SDM concerned, SHO concerned and/or prosecution who shall provide the necessary assistance upon being requested. The Trial Court shall thereafter consider the Victim Impact Report of the DSLSA with respect to the impact of crime on the victims, paying capacity of the accused and expenditure incurred on the prosecution; and after hearing the parties including the victims of crime, the Court shall award the compensation to the victim(s) and cost of prosecution to the State, if the accused has the capacity to pay the same. The Court shall direct the accused to deposit the compensation with DSLSA whereupon DSLSA shall disburse the amount to the victims according to their Scheme. If the accused does not have the capacity to pay the compensation or the compensation awarded against the accused is not adequate for rehabilitation of the victim, the Court shall invoke Section 357A CrPC to recommend the case to the Delhi State Legal Services Authority for award of compensation from the Victim Compensation Fund under the Delhi Victims Compensation Scheme, 2018. In pending appeals/revisions against the order on sentence in which Section 357 CrPC has not been complied with, the Public Prosecutor shall file an application seeking a direction from the Court for directing the accused to file his affidavit of assets and income and directions to DSLSA to conduct a summary inquiry to ascertain the loss/damage suffered by the victim(s) and the paying capacity of the accused in terms of Sections 357(4) CrPC in accordance with procedure mentioned hereinabove.All the Courts below shall send a monthly statement to the Registrar General of this Court containing the list of cases decided each month. The list shall contain the name and particulars of the case; date of conviction; whether affidavit of assets and income has been filed by the accused; whether summary inquiry has been conducted to assess the compensation and determine the paying capacity of the accused; and compensation amount awarded. The monthly statement shall also contain one page summary format of the above information.The first monthly report for the period 01 st January, 2021 to 31st January, 2021 be submitted by 15th February, 2021 and thereafter, by 15th of each English calendar month.The Registrar General of this Court shall place these reports before ACR Committee of the Judicial Officers. Delhi State Legal Services Authority is directed to prepare a proposal for additional manpower after examining number of summary inquiries that are likely to be conducted by DSLSA every month and the proposal be sent to Government of NCT of Delhi within one week whereupon Government of NCT of Delhi shall complete all necessary formalities within three weeks to ensure that the directions of this Court relating to the summary inquiry by DSLSA in every criminal case are implemented w.e.f. 01st January, 2021. The Bench concluded, “The object of the Section 357(3) CrPC is to provide compensation to the victims who have suffered loss or injury by reason of the act of the accused. Mere punishment of the offender cannot give much solace to the family of the victim – civil action for damages is a long drawn and a cumbersome judicial process. Monetary compensation for redressal by the Court finding the infringement of the indefeasible right to life of the citizen is, therefore, useful and at time perhaps the only effective remedy to apply balm to the wounds of the family members of the deceased victim, who may have been the bread earner of the family.” The matter is listed for reporting compliance and further directions on 25th February, 2021. Case Title: Karan v. State NCT of Delhi Click Here To Download Order Read OrderNext Story
FacebookTwitterCopy LinkEmail One Dies In Evansville Double ShootingMAY 20TH, 2018 AMANDA PORTER INDIANAThe Vanderburgh County coroner and the Evansville Police Department is investigating the death of 38-year-old Amanda Weir of Evansville.Vanderburgh County Coroner Steve Lockyear says Weir is one of the victims of a shooting on West Delaware Street May 18th.Weir passed away at 11:30 a.m. at Deaconess Hospital in Evansville May 19th.EPD arrested 56-year-old Robert Ballard Jr. on attempted murder charges in connection with shooting two women Friday evening.Police say Ballard shot at the victims, who are a mother and her adult daughter, while they were in their car.According to police, Ballard was in a relationship with the older victim, but the relationship ended.The daughter’s two children were in the car at the time of the shooting.The children were uninjured.The investigation is ongoing.
Before receiving the Axiom to gear test I had never owned a shell. While I have owned jackets with liners, heavy duty down jackets, and GORE-TEX jackets I have never owned what one would call a shell. To be honest I didn’t really get the point of a shell, why wouldn’t I want more insulation or at least a zip out liner?It took a few trips before I really started appreciating the purpose of a shell, and now that I have come to this realization I love them. If you live in the Southeast you know that our winter has stuck around well past its welcome. But on the flip side this gave me a lot of days to test the Axiom out over a variety of activities. Before we get into that, let’s first go over some of the technology OR used to develop their award winning shell. First the shell is extremely light because it uses GORE-TEX Active Technology which is half the mass of the standard GORE-TEX membrane. This high tech material is extremely light and breathable, which allows OR to ditch pit zips on this shell further shaving weight. Second OR went with a very streamlined fit on this shell. We are an active bunch, so do we really need yards of extra fabric found on other jackets? I am glad OR realized this because having a well-fitting shell when hiking, biking, skiing, and more is important. The shell has a fully adjustable hood (non-removable), three large pockets, drawcord hem, cuff closures, and comes in blue, black, and green.So now that you have an idea of what this shell is packing, let’s get into how it performed. I went on a 5 mile hike on the Big Hollow Heartbreak loop in the GWNF with a friend in the wet and cold recently. This hike is no joke, a straight up assault on the mountain with technical rocks and steep pitches. Let’s first clear up something, I sweat, a lot. So breathability is pretty high on my list of needs out of clothing. The whole hike I kept the Axiom on. We were booking it, but I never felt overly hot or had the feeling it was like a rainforest beneath the shell. After this first test, I had a good feeling about the Axiom but wanted to see how it performed on the bike. Many times mountain biking in the winter calls for more than spandex. It gets colder and having something a little thicker on the descents can be a nice treat. I brought the Axiom on a few bigger rides, and while it kept me warm on the downs I ended up keeping it on over ridges too. The thing breaths so well and keeps you bone dry no matter how hard it rains, snows, sleets, hails, or whatever else the Southeast will try to throw at you.I guess you can say I am converted. I have seen the performance and flexibility a shell brings. Wear it with five layers of wool beneath it, wear it with just a t-shirt, hell wear it by itself. Instead of being limited by extra liners and bulky insulation, the Axiom instead delivers all day waterproof GORE-TEX breathability and leaves the rest to you. I would definitely recommend this shell to anyone looking for a multi-use, high performance, durable outer layer. Outdoor Research knocked this one out the park, be sure to check it out to beat the elements.Outdoor Research; $375
Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A 26-year-old Babylon woman killed in a two-vehicle crash in Dix Hills that resulted in the other driver being charged with driving without a license on Tuesday morning.Suffolk County police said Cassandra Walter was driving a Saturn northbound on Commack Road near Euclid Avenue when she lost control of the vehicle, crossed over the double yellow line and struck a southbound Honda minivan at 7 a.m.Walter was pronounced dead at the scene. The Honda driver, 35-year-old Alex Dario Oliva Rodriguez of Hempstead, was taken to Good Samaritan Hospital Medical Center in West Islip, where he was treated and released.Rodriguez was later arrested for unlicensed operation of a motor vehicle.Second Squad detectives impounded both vehicles, are continuing the investigation and ask anyone with information on the crash to call them at 631-854-8252.
AVJennings is bridging a gap in the market for brand new architecturally designed homes and homesites in the sought after suburb of Bridgeman Downs, with the launch of a boutique new community called the Enclave.BRIDGEMAN Downs has always been renowned for its super-sized homes and massive lots, now it’s becoming a developers dream with two recently launched estates selling fast and proving the suburb is still a powerhouse on the northside.“Enclave” by AV Jennings and “Highfields” by Unison Projects are offering two different estate experiences and both are proving the surburb is still as popular as ever.Construction on both estates has started with Enclave offering 38 homesites and a collection of 15 architect designed homes to be built by AV Jennings.AV Jennings development manager Barry Young said Bridgeman Downs was a popular area for families due to its location just 12km from the Brisbane CBD with easy access to schools, shopping centres and parks in the leafy northern suburbs.More from newsMould, age, not enough to stop 17 bidders fighting for this home2 hours agoBuyers ‘crazy’ not to take govt freebies, says 28-yr-old investor8 hours ago“There has been little opportunity to secure a brand new homesite or house and land package in Bridgeman Downs in recent years, so Enclave is a unique offering,” Mr Young said.“The 15 beautiful homes being created will be built on homesites ranging from 450sq m to 490sq m and will feature a raft of luxury fittings and finishes.”The $100 million 134 lot subdivision at Highfields has also kicked off, with the first stage releasing 39 level lots next to 1.5ha of parkland. Highfields is a new $100 million estate at Bridgeman Downs.Unison Projects Shannon Down said Bridgeman Downs was a proven area that doesn’t have a great deal of new housing available.“There is a strong demand for quality housing in this popular area and already we have had a high level of interset registered in Highfields, which will offer residents a significant portion of green space in keeping with the area’s character,” Mr Down said.“Our plans for the gently sloping site will capitalise on its north-east orientation. The elevated parcel offers views of the Glass House Mountains and sea breezes from Moreton Bay.”
Eureka >> Eureka Loggers junior pitcher Dylan Wilson scattered five hits, allowing one earned run over 5-2/3 innings pitched as the Loggers defeated cross-town rival St. Bernard’s 5-1 Tuesday at Crusader Field.Eureka took an early lead in the top of the first as lead off hitter Gannon Cyphers hit a double and scored on RBI double by shortstop Hunter Stapp. St. Bernard’s starting pitcher Isaiah Jimenez worked out of a bases-loaded, no-out jam in the top of the first by inducing a pop up by …
But shortly after James returned with some stiches and puffiness around his mouth, Cleveland went on an 8-0 run and headed to the fourth quarter tied at 77-all.James took over from there, delivering another tour de force performance that didn’t seem likely when he was being treated by the medical staff and the Cavs playing sluggishly.Cleveland built a nine-point lead in the first quarter and seemed ready to build on it when James made a surprising mistake.Alone in the frontcourt for an uncontested dunk, James tried to showboat and rocketed the ball off the back of the rim, a miss that stunned the three-time champion and the crowd of 20,000-plus fans. James then forced a long 3-pointer on Cleveland’s next possession and before long the Nets were even at 20-all when Zeller made his first 3 of the season.The Isaiah Thomas comeback is getting closer.ADVERTISEMENT Cleveland Cavaliers’ LeBron James (23) drives against Brooklyn Nets’ DeMarre Carroll (9) during the second half of an NBA basketball game, Wednesday, Nov. 22, 2017, in Cleveland. (AP Photo/Tony Dejak)CLEVELAND, Ohio—LeBron James shook off a blow to the face and scored 23 points in the fourth quarter — including 18 straight for Cleveland — as the Cavaliers won their sixth straight, 119-109 over the Brooklyn Nets on Wednesday night.James needed stitches in the third quarter to close a gash above his lip that drew blood. He punched back at the Nets in the fourth and finished with 33 points.ADVERTISEMENT Filipino athletes get grand send-off ahead of SEA Games PLAY LIST 01:27Filipino athletes get grand send-off ahead of SEA Games00:50Trending Articles00:59Sports venues to be ready in time for SEA Games01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice QC cops nab robbery gang leader, cohort Read Next Japan ex-PM Nakasone who boosted ties with US dies at 101 MOST READ LATEST STORIES Stronger peso trims PH debt value to P7.9 trillion Brace for potentially devastating typhoon approaching PH – NDRRMC The All-Star point guard took some contact during a rigorous workout at the team’s morning shootaround. Thomas has been ramping up his activity, running harder and appears to be ahead of schedule to make his debut with Cleveland. Originally, the Cavs forecast he would be playing in games by the end of December but there’s a sense it could be sooner.“We know he’s making progress every day, which is good for us,” Lue said. “We’re excited about that. We want to make sure we do what’s best for him health-wise, not coming back too soon.” With the Cavs up 100-99, James began his one-man show with a pair of free throws. He dropped in a couple left-handed shots and then drained two 3-pointers — the last a step-back with 55 seconds left to give Cleveland a 118-107 lead.James’ solo performance enabled the Cavs to avenge a 112-107 loss in Brooklyn last month.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutKevin Love and Dwyane Wade added 18 points apiece for Cleveland.Rondae Hollis-Jefferson scored 20 and Joe Harris 18 for the Nets, who could do nothing in the final 12 minutes to stop James.James went to the locker room with the laceration to his face in the third after he appeared to take an elbow from Tyler Zeller in the lane. While James was off the floor, the Nets extended their lead to six on a 3-pointer by Allen Crabbe. CPP denies ‘Ka Diego’ arrest caused ‘mass panic’ among S. Tagalog NPA Kris Aquino ‘pretty chill about becoming irrelevant’ Don’t miss out on the latest news and information. Typhoon Kammuri accelerates, gains strength en route to PH Blatche, Fajardo, Castro lead Gilas roster vs Japan Kammuri turning to super typhoon less likely but possible — Pagasa View comments
At least 44 people were killed and and 11 others injured in China today when a tour bus plunged into a Tibetan valley after a three-vehicle pile-up.”The 55-seat bus carrying 50 people fell off a 10-metre-plus-high cliff after crashing into a sports utility vehicle and a pick-up truck,” state-run Xinhua news agency reported.Another five people were in the other vehicles in the accident which happened at around 4:25 pm (0825 GMT) in Nyemo County, west of the capital Lhasa, in the Tibet Autonomous Region.The bus passengers were mainly tourists from regions including Anhui, Shanghai, Shandong and Hebei.The injured were being treated at hospitals in Lhasa and did not have life-threatening injuries, Xinhua said. An investigation into the cause of the accident is under way.Police have detained managers of the Feixiang Travel Agency and the Shengdi Vehicle Tour Company blamed for the accident.
About the authorCarlos VolcanoShare the loveHave your say Real Madrid defender Varane: How can I complain about my Ballon d’Or place?by Carlos Volcano10 months agoSend to a friendShare the loveReal Madrid defender Raphael Varane had no problem with his placing in the Ballon d’Or vote.Varane finished seventh in this year’s running.He said, “It’s (Luka) Modric, a friend, who won. So I can only be very happy for him. “There are only great players in the race. If I had been told a few years ago that I would be disappointed if I did not have the Ballon d’Or, I’d have signed for that right away (laughs). “No, frankly, I cannot be disappointed because my year for 2018 was fantastic. And for me, the most beautiful reward, it is the comments of some people in the world of football which were expressed.”