Sentencing Judgement
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Accepting Guilty Plea
Preliminary to 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 (disputed)
- INTRODUCTION
- type of hearing
- name of accused
- convicted charges
- whether convictions were by trial or guilty plea
- issues
- Positions of parties
- SUMMARY OF ACCEPTED FACTS
- GOVERNING PRINCIPLES / LEGAL FRAMEWORK
- 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)
- POSITION OF PARTIES
- ANALYSIS
- ORDERS
- Disposition Order
- Issue warrant of committal (if any)
- Issue suspended sentence with probation (if any)
- Issue discharge order with probation (if any)
- Issue fine order
- Ancillary Orders
- s. 727 victim fine surcharge
- Remaining charges
- disposition of remaining charges: withdraw or DWOP
Reasons for Decision (Joint Recommendation)
- INTRODUCTION
- identify type of hearing
- Identify name of accused
- identify convicted charges
- identify whether convictions were by trial or guilty plea
- GOVERNING PRINCIPLES
- Joint Recommendations are governed by principles set out in Anthony-Cook, 2016 SCC 43.
- Court must accept a joint recommendation in all cases except where it will bring the administration of justice into disrepute or is otherwise contrary to the public interest.
- This means that the court must regularly accept sentences that are either lower or higher than what the judge would have found.
- Court may consider the circumstances of the negotiations that reached the agreement including consideration of the frailties of the case.
- Purposes and principles of sentencing (718 to 718.2)
- ANALYSIS
- Gravity of offence
- Circumstances of offender
- public interest test
- ORDERS
- Disposition Order
- Issue warrant of committal (if any)
- Issue suspended sentence with probation (if any)
- Issue discharge order with probation (if any)
- Issue fine order
- Ancillary Orders
- s. 727 victim fine surcharge
- Remaining charges
- disposition of remaining charges: withdraw or DWOP