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.

Decision

Preliminary Matters

• Victim given notice to file a VIS
• Victim notified of sentencing (if they want to read it)
• Accused allowed to say something (s. 726)

Reasons for Decision

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)

ORDERS

Disposition Order

• Issue warrant of committal

Ancillary Orders

• s. 727 victim fine surcharge

Remaining charges

• disposition of remaining charges: withdraw or DWOP