"We have respectfully asked that the commission ensure that the penalty is reasonable and proportionate and takes into consideration the company's investments and actions to promote safety," Keith Stephens, the senior director for field communication, said in a statement.
It was a "just and proportionate" sentence "taking account of considerations of harm and culpability together with aggravating factors and such mitigation as was available to the appellant".
"If you buy an apartment in a 10-unit co-op for $100,000, and there is a $100,000 underlying mortgage on the building, the purchaser's lender would view the total purchase price as $110,000 because it would take into consideration the borrower's proportionate share of the underlying mortgage," Mr. Greenstein said.
Under "proportionate response", officers are told to "demonstrate consideration and application of relevant human rights principles", and police powers should be used appropriately and proportionately.
Defendant received as consideration for the contract, its proportionate share of the coal produced and marketed and in addition thereto, the right to use plaintiffs' land in the furtherance of its mining operations.
"This decision was taken by the officer without proper authority and without consideration of whether it was proportionate and in line with the legal considerations".
A report by the campaign group Fair Trials International in May 2011 said EAWs "are being issued for minor offences and without proper consideration of whether extradition is proportionate".
It demands that in weighing and balancing individual freedom against wider social goods, considerations will be made in a proportionate way.
The government could and should introduce health as a material consideration in planning and licensing to allow proportionate action to develop healthier communities, homes and workplaces.
Act Aug. 7, 1956, § 1(c), required local organizations to assume a proportionate share of costs applicable to agricultural water management in consideration of the direct identifiable benefits, and all the costs of works applicable to other purposes, and provided that the Federal Government shall bear the entire construction costs for flood prevention.
Moraes said the LIBE committee is focusing the next stage of its electronic surveillance inquiry on exploring the notion of a digital bill of rights as a way to create structure to support more proportionate surveillance practices that do take individual privacy rights into consideration.
