Sentencing Judgement: Difference between revisions
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; Preliminary Matters | ; Preliminary Matters | ||
* Victim given notice to file a VIS | * Victim given notice to file a VIS | ||
* Accused allowed to say something | * Victim notified of sentencing (if they want to read it) | ||
* [[Overview_of_Sentencing#Accused_Addressing_the_Court|Accused allowed to say something]] (s. 726) | |||
===Reasons for Decision=== | ===Reasons for Decision=== | ||
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; GOVERNING PRINCIPLES | ; 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 | ; ORDERS | ||
Revision as of 21:17, 13 August 2020
Accepting Guilty Plea
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