Template:SentencingBrief PART VI: Difference between revisions
Created page with "<Center><u>'''PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE'''</u></center> [X] Section 718.2 obliges the sentencing judge to increase and decrease a potential sen..." |
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<Center><u>'''PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE'''</u></center> | <Center><u>'''PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE'''</u>{{MiniEdit|Template:SentencingBrief PART VI}}</center> | ||
<Center>[This section will usually be customized to the particular offence]</center> | |||
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[X] Section 718.2 obliges the sentencing judge to increase and decrease a potential sentence on consideration of the enumerated aggravating and mitigating features that go to the gravity of the offence and degree of responsibility of the offender. The section states the following: | [X] Section 718.2 obliges the sentencing judge to increase and decrease a potential sentence on consideration of the enumerated aggravating and mitigating features that go to the gravity of the offence and degree of responsibility of the offender. The section states the following: | ||
:'''{{small|Other sentencing principles<br>718.2 A court that imposes a sentence shall also take into consideration the following principles:}} | :'''{{small|Other sentencing principles<br>718.2 A court that imposes a sentence shall also take into consideration the following principles:}} | ||
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[X] In particular to this offence, the offence-specific factors found in s. XXX should be considered as well. | [X] In particular to this offence, the offence-specific factors found in s. XXX should be considered as well. | ||
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[X] | |||
{{H2|1|Gravity of Conduct}} | |||
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[consider the relationship of trust, the degree of physical or psychological harm] | [consider the relationship of trust, the degree of physical or psychological harm] | ||
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[X] | |||
{{H2|2|Sophistication of the Offence}} | |||
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[X] The offence(s) in this case were [planned and continuous/spontaneous and impulsive]. ... | [X] The offence(s) in this case were [planned and continuous/spontaneous and impulsive]. ... | ||
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[X] | |||
{{H2|3|Vulnerability of Victim}} | |||
[X] | |||
{{H2|4|Responsibility and Moral Culpability of the Offender}} | |||
[X] | |||
{{H2|5|Guilty Plea, Remorse, and Acceptance of Responsibility}} | |||
[X] | |||
{{H2|6|Age, Character, and Risk to Re-Offend}} | |||
[X] | |||
{{H2|7|Addiction and Mental Health}} | |||
[X] | |||
{{H2|8|Prior Criminal Record and Repeat Offenders}} | |||
[X] | |||
{{H2|9|Effect on Employment, Family, and Immigration}} | |||
[X] | |||
{{H2|10|Prospects of Rehabilitation}} | |||
[X] | |||
{{H2|11|Totality}} | |||
[X] | |||
{{H2|12|Remand Credit}} | |||
[X] | |||
Latest revision as of 21:11, 21 March 2019
[X]
A. Gravity of Conduct
[X]
B. Sophistication of the Offence
[X]
C. Vulnerability of Victim
[X]
D. Responsibility and Moral Culpability of the Offender
[X]
E. Guilty Plea, Remorse, and Acceptance of Responsibility
[X]
F. Age, Character, and Risk to Re-Offend
[X]
G. Addiction and Mental Health
[X]
H. Prior Criminal Record and Repeat Offenders
[X]
I. Effect on Employment, Family, and Immigration
[X]
J. Prospects of Rehabilitation
[X]
K. Totality
[X]
L. Remand Credit
[X]