Sentencing for Luring Brief

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Briefs

A sentencing brief is structured as follows:

• Overview
  • Identify the charges, including time, place and section of the code.
  • Identify the issue for sentencing
  • Outline desired result
• Facts
  • Summary of undisputed Facts
  • Summary of anticipated disputed facts, including what witnesses will be provided
  • Enumeration of relevant exhibits
• Positions of Parties
• Principles of Sentencing
  • Objectives to be emphasized in Case
• Applicable Factors
• Prior Cases
• Analysis / Discussion of Case
• Ancillary Orders
  • Legal Requirements of Order
  • Interpretation of Provisions
• Discussion of Application
• Summary of Party's Position
  • Breakdown of the requested Sentence, including any factual

Cover of Brief
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] ([name] Region) BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] CROWN/ACCUSED SENTENCING BRIEF [first party name] [first party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxxx Counsel for His Majesty the King [second party name] [second party title] [address] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: xxx@xxxxx Counsel for the Accused
Table of Contents
TABLE OF CONTENTS(e) Page PART I: OVERVIEW X A. X i. X PART II: AGREED FACTS AND OTHER EVIDENCE X PART III: POSITIONS OF THE PARTIES X PART IV: GENERAL SENTENCING PRINCIPLES X PART V: OBJECTIVES OF SENTENCING IN THIS CASE X PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE X PART VI-A: JOINT RECOMMENDATIONS X PART VI-B: AVAILABLE DISPOSITIONS X PART VII: DISCUSSION ON APPROPRIATE SENTENCE X PART VIII: ANCILLARY ORDERS X PART IX: CONCLUSIONS X PART X: TABLE OF AUTHORITIES X
Body of Brief
PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE(e) [This section will usually be customized to the particular offence] A. Gravity of Conduct B. Sophistication of the Offence C. Vulnerability of Victim D. Responsibility and Moral Culpability of the Offender E. Guilty Plea, Remorse, and Acceptance of Responsibility F. Age, Character, and Risk to Re-Offend G. Addiction and Mental Health H. Prior Criminal Record and Repeat Offenders I. Effect on Employment, Family, and Immigration J. Prospects of Rehabilitation K. Totality L. Remand Credit PART VII: DISCUSSION ON APPROPRIATE SENTENCE(e) [This section is where discussion and analysis can be done in detail]
Table of Authorities
PART X: TABLE OF AUTHORITIES(e) EXHIBITS TAB ... X ... X CASE LAW TAB R v ... X R v ... X LEGISLATION: TAB ... X ... X SECONDARY SOURCES: TAB ... X ... X WEBSITES: TAB ... X ... X