Template:SentencingBrief PART II

From Criminal Law Notebook
Revision as of 20:36, 21 March 2019 by Admin (talk | contribs)
PART II: AGREED FACTS AND OTHER EVIDENCE(e)

[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

Sentencing 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 [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]

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]