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Judge said gun crime was a "modern pestilence" and offenders faced severe, deterrent custodial terms.
Last month, 21 activists pleaded guilty to charges of aggravated trespass, and face possible custodial terms when they are sentenced later this month and in April.
In a statement, the Police Service of Northern Ireland said they would "take time to study the sentencing comments and the custodial terms imposed".
In 2004, Scalia wrote the majority opinion in Blakeley v Washington, which struck down Washington's sentencing scheme for empowering judges to give defendants custodial terms stretching beyond the sentence associated with the jury's finding.
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It should be said, in view of the rape comparison, that Thoburn was not sentenced to life, or indeed any custodial term.
But he said he did not agree with Power's submission that he could depart from sentencing guidelines in such an exceptional case and not impose an immediate custodial term.
Jenkin was remanded at Ashworth Hospital in Merseyside to be sentenced to a hospital order or custodial term on 6 March.
The judge, Mr Justice Sweeney, said a custodial term was "uppermost in the court's mind", but he wanted to see a medical report before passing sentence.
The judge, Mr Justice Sweeney, said a custodial term would be "uppermost in the court's mind" when sentence was delivered on Friday, but he wanted to see a medical report first.
In the middle of October, Phát and 19 others were put on trial in a military court; observers predicted Phát would be the only one to face the death penalty, and that this would be reduced to a custodial term.
Also, where there is joint physical custody, terms of art such as "primary custodial parent" and "primary residence" have no legal meaning other than for determining tax status, and both parents are still custodial parents.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com