Template:SentencingBrief PART II: Difference between revisions

Latest revision as of 19:50, 6 April 2019

PART II: AGREED FACTS AND OTHER EVIDENCE(e)

A. Circumstances of the Offence

[X] The agreed facts for the purpose of sentencing are as follows:

[review narrative of allegations agreed upon]

or

[X] The agreed facts for the purpose of sentencing are set out in the Agreed Statement of Facts that will be tendered at the sentencing hearing.

or

B. Personal Circumstances

i. Reports and Assessments

[X] Once a [guilty plea/conviction] was entered, the Court ordered a Pre-Sentence Report (PSR) at the request of defence. The PSR [is still pending/has been received on [date] ]. At the request of [defence/crown], a [other type of report such as a pre-sentence sexual risk assessment, Gladue report, etc] was ordered. That report [is still pending/has been received on [date] ].

C. Victim Impact Statements

[X] The Crown made referrals on [date] to Victim Services for the following victim(s):

[X] Further efforts were made to contact the victims to notify them of their rights to file the victim impact statements and read them in court. This included ... [describe additional efforts, personal contact]

[X] Victim services informs the Crown that...

[X] As of this writing, it is unknown whether any victims have filed victim impact statements.

or

[X] We are in receipt of the written victim impact statements for [list persons]. We are of the view that the content conforms with the requirements of s. 722, except as follows:

[list all instances where the VIS does not conform with 722, including attacking character, assert facts, recommend a sentence, mischaracterize the law or facts, or are inflamatory]

D. Other Evidence

[X] The Crown seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es):

[list documents, reports, etc. that the Crown seeks to tender]

[X] The defence seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es).

[list documents, reports, etc. that the defence seeks to tender]

@@ Line 1: / Line 1: @@
 <Center><u>'''PART II: AGREED FACTS AND OTHER EVIDENCE'''</u>{{MiniEdit|Template:SentencingBrief PART II}}</center>
+{{H2|1|Circumstances of the Offence}}
 [X] The agreed facts for the purpose of sentencing are as follows:
@@ Line 10: / Line 12: @@
 <center>''or''</center>
-; Sentencing Reports and Assessments
+{{H2|2|Personal Circumstances}}
+{{H3|1|Reports and Assessments}}
 [X] Once a [guilty plea/conviction] was entered, the Court ordered a Pre-Sentence Report (PSR) at the request of defence. The PSR [is still pending/has been received on [date] ]. At the request of [defence/crown], a [other type of report such as a pre-sentence sexual risk assessment, Gladue report, etc] was ordered. That report [is still pending/has been received on [date] ].
-; Victim Impact Statements
+{{H2|3|Victim Impact Statements}}
 [X] The Crown made referrals on [date] to Victim Services for the following victim(s):
@@ Line 25: / Line 32: @@
 * [list all instances where the VIS does not conform with 722, including attacking character, assert facts, recommend a sentence, mischaracterize the law or facts, or are inflamatory]
-; Other Evidence
+{{H2|4|Other Evidence}}
 [X] The Crown seeks to rely on the following exhibits that will be tendered at the hearing either by consent or through material witness(es):
 * [list documents, reports, etc. that the Crown seeks to tender]