Sentencing Judgement

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PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Accepting Guilty Plea

Preliminary to Decision

Preliminary Matters

Reasons for Decision (disputed)

INTRODUCTION
  • identify type of hearing
  • Identify name of accused
  • identify convicted charges
  • identify whether convictions were by trial or guilty plea
GOVERNING PRINCIPLES
  • Purposes of sentencing are found in s. 718.
    • denounciation
    • general and specific deterrence
    • separation of offenders from society, where necessary
    • rehabilitation
    • reparations victims or to the community
    • promote responsibility in offenders
    • acknowledgment of the harm done to victims and to the community.
  • Additional objectives are found in:
    • 718.01 (offences against children)
    • 718.02 (offences against peace officers or justice system participants)
    • 718.03 (offences against animals)
    • 718.04 (offences against vulnerable persons)
    • s. 718.04 (offences against young persons)
  • Fundamental purpose of sentencing is proportionality (718.1)
  • Additional principles are found in s. 718.2(b) [parity], (c) [totality], (d) and (e) [restraint].
  • The aggravating and mitigating factors to consider are found in s. 718.2(a)
  • Consider the vulnerability of victim in "intimate partner" offences (s. 718.201)
Drug Cases
  • Additional factors are to be considered (s. 10(2) CDSA)
SUMMARY OF ACCEPTED FACTS
ANALYSIS
ORDERS
Disposition Order
  • Issue warrant of committal (if any)
  • Issue suspended sentence with probation (if any)
  • Issue discharge order with probation (if any)
  • Issue fine order
Ancillary Orders
  • s. 727 victim fine surcharge


Remaining charges
  • disposition of remaining charges: withdraw or DWOP

Reasons for Decision (Joint Recommendation)

INTRODUCTION
  • identify type of hearing
  • Identify name of accused
  • identify convicted charges
  • identify whether convictions were by trial or guilty plea
GOVERNING PRINCIPLES
  • Joint Recommendations are governed by principles set out in Anthony-Cook, 2016 SCC 43.
    • Court must accept a joint recommendation in all cases except where it will bring the administration of justice into disrepute or is otherwise contrary to the public interest.
    • This means that the court must regularly accept sentences that are either lower or higher than what the judge would have found.
    • Court may consider the circumstances of the negotiations that reached the agreement including consideration of the frailties of the case.
  • Purposes and principles of sentencing (718 to 718.2)
ANALYSIS
  • Gravity of offence
  • Circumstances of offender
  • public interest test
ORDERS
Disposition Order
  • Issue warrant of committal (if any)
  • Issue suspended sentence with probation (if any)
  • Issue discharge order with probation (if any)
  • Issue fine order
Ancillary Orders
  • s. 727 victim fine surcharge
Remaining charges
  • disposition of remaining charges: withdraw or DWOP

See Also