Scottish law does not include a statutory offense
, but a common law offense of offending public decency.
The modern statutory offense
of breaking and entering any building, not just a dwelling and not only in night with intent to commit a felony.
Sentencing for a particular statutory offense
usually follows the definition of that offense.
violative of the same statutory offense
, but separated by sufficient
Correspondingly, the culpability of offenders who commit the same statutory offense
(3) However, in two cases, defendants entered pleas of nolo contendere to the statutory offense
of contempt, a misdemeanor, rather than stand trial for perjury, a felony.
2d 44 (Florida statutory offense
of robbery embraces the common law rule that "the violence or intimidation [that is an element of the offense] must precede or be contemporaneous with the taking of the property"; although phrase "in the course of committing a robbery," as defined in [sections] 812.13(3), includes "flight after the attempt or commission [of the robbery]," that phrase only applies to the aggravating factor of carrying a weapon during the robbery, and thus did not expand definition of robbery).
When a legislature sets the maximum penalty for a statutory offense
, it includes within that penalty an assessment of community preferences concerning the offense.(77) Because legislators are constantly in touch with their constituents, and legislators can modify statutory penalties whenever public sentiment shifts,(78) Courts reasonably can assume that the maximum statutory penalty accurately reflects community preferences.
In this third situation, there is no dispute that a subsequent prosecution is barred, under Blockburger, unless each statutory offense
"requires proof of an additional fact which the other does not." (Blockburger, 284 U.S.
Legislation, he said, could take either of two forms: "One is the creation of a statutory offense
of invasion of privacy.
In addition, these customs employees were likewise made liable for violation of Section 1431 (Statutory Offenses
of Officers and Employees) of the CMTA.
The very presence of dissimilar elements within two statutory offenses
provides a clear indication of contrary legislative intent,' McCullough said.