Template:SentencingBrief PART I

From Criminal Law Notebook
Revision as of 22:00, 21 March 2019 by Admin (talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
PART I: OVERVIEW(e)

[X] On [date], the accused [plead/was found] guilty to the commission of the following offence(s) between [date]. Specifically that he did:

(1) ... commit the offence ... contrary to s. ... of the Criminal Code.

(2) ... commit the offence of ... contrary to s. ... of the Criminal Code.

The Crown elected to proceed by indictment/summary conviction on the hybrid offences.

[X] It is the Crown/Defence position that a fit and proper sentence for the offences charged are as follows:

Count # Section Offence Name Date Range Min. Penalty Max. Penalty Sentence Requested
(Consecutive or Concurrent)
Ancillary Order(s)
1
2
Global Sentence [total duration]
Global Sentence Factoring in Totality [total duration]

[X] The terms of the conditional sentence order should be as follows:

  • Statutory conditions required by the Code.
  • [list of terms and conditions]

[X] The terms of the probation order should be as follows:

  • Statutory conditions required by the Code.
  • [list of terms and conditions]

[X] The terms of the ancillary orders should be as follows:

  • [list optional terms, including duration of ancillary orders]

[X] We decline to seek a [DNA order, SOIRA Order, etc] < * Crown brief only >

[X] The remainder of these written submissions will be organized into the following Parts:

  • PART II: Agreed Facts And Other Evidence
  • PART III: Positions Of The Parties
  • PART IV: General Sentencing Principles
  • PART V: Objectives Of Sentencing In This Case
  • PART VI: Aggravating And Mitigating Factors In This Case
  • PART VI-A: Joint Recommendations
  • PART VI-B: Available Dispositions
  • PART VII: Discussion On Appropriate Sentence
  • PART VIII: Ancillary Orders
  • PART IX: Conclusions