Sentencing
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Reflects social values
A judge must consider many factors when arriving at a sentence
Sentencing may occur immediately after the accused has been found guilty
(usually for minor offences) or many weeks later (indictable and more
serious offences)
Three perspectives must be considered in the sentencing process: the
offender, the victim and society
1. Considering the OFFENDER
 A judge may order a pre-sentence report. This:
o Describes the offender’s situation.
o Includes information about their background, family,
education, employment history, physical and mental
health, social activities, potential ability, motivation and
friends (must be objective)
 A judge may also order a psychiatric assessment.
o This report is prepared by a qualified psychiatrist and
describes the mental history of the offender
o Important to help the judge determine an appropriate
sentence
2. Considering the VICTIM
 To assist the judge in determining the sentence s. 722 of the
C.C requires the court to consider any statement prepared by
the victim of the offence.
 The Victim Impact Statement- describes the harm or loss
experienced by the victim or the victim’s family. It may be read
before the offender.
o Being allowed to confront the offender can be
particularly significant for victims who have suffered
physical and emotional damage
3. Considering SOCIETY
 It is the Crown’s role to ensure that society’s interests are
protected when the offender is sentenced
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At a sentencing hearing the judge considers all the facts about the crime, the
offender and the victim in order to determine the appropriate sentence. Both
lawyers present their recommendations to the judge.
EFFECTIVE CORRECTIONS MEANS:
Distinguishing between offenders who need to be separated from society and
those who can be safely and better managed in the community.
• Preparing offenders for release into the community and assisting them in
their reintegration into society.
• Providing the programs and support that offenders need to get their life back
on track -- whether within the penitentiary or under supervision in the
community.
Examples of Correctional Programs:
• Substance Abuse Treatment
• Employment and Work
• Living Skills
Programs
• Family Violence Programs
• Treatment for Sex
• Education
Offenders
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Types of Sentencing
Discharges
• Most lenient sentence is a discharge, these are generally granted to first time
offenders for crimes with a max sentence of less than 14 years and no
minimum sentence.
• Absolute discharge- releasing a convicted offender immediately with
no terms and erasing the criminal record after one year
• Conditional discharge- releasing a convicted offender under certain
terms (ie. Avoiding contact with people, curfew), and erasing the
criminal record after 3 years of the terms are met.
Probation
• A sentence that allows a person to live in the community under the
supervision of a parole officer.
• They must keep the peace and demonstrate good behaviour, appear in court
when required and notify the court or probation officer of any change of
name, address or employment (may also contain optional conditions).
Suspended Sentence
• A judgement that is passed but not carried out as long as the offender meets
certain requirements set out by the judge.
• Can only be imposed for sentences with no min,
• Usually 1st time offenders or minor offences- supposed to act as a deterrentcould be placed on probation as well
Conditional Sentence
• Prison tem of less than 2 years and the crime carries no minimum sentence
the judge may allow the offender to serve time in the community rather than
in prison
• Terms are stricter than probation (EX. Community Service, drug addiction
treatment)
Suspension of a Privilege
• A sentence that withholds a privilege for a specified period of time or a
lifetime (EX- taking away a drivers license)
Peace Bond
• A court order requiring a person to keep the peace and be of good behaviour
for up to 12 months
• Used in minor cases or cases where no crime has been committed but a
threat has been made
Restitution/Compensation
• The offender may be ordered to make restitution in the form of financial
compensation to pay the victim for property loss or personal injury
• May be orderd to do some work for the victim to make up for the damage
caused
• Penalty for ignoring a court order of restitution is imprisonment
Deportation
• A sentence of expulsion from the country (non-Canadian- indictable offence)
Fines
• For summary offences a max fine of $2000 can be imposed
• Optional for indictable offences that have a min sentence of imprisonment
and a max term of less than 5 years
Imprisonment
• Up to 6 months in prison for most summary convictions
• 2-life for indictable offences- depending on the seriousness of the crime.
• A judge decides if the amount of time an offender has been kept in cutsody
before trial will count toward a sentence.
• Standard rule is that pretrial custody is equal to twice the time when
considering a penalty (“dead time”- no rehab, recreational facilities)
• Sentence is 30 days or less- local detention centre
• 30-2yrs- provincial prison
• 2+- federal institution (penitentiary)
• Concurrent sentence
• Convicted of 2+ crimes and serve both penalties at the same time
(similar offences or committed at the same time)
• EX- 2 sentences of 4 years would equal a 4 year term
• Consecutive Sentence
• Convicted of 2+ crimes , and they serve one penalty after the other
• Imposed to offenders involved in organized crime and terrorist
activity (rare in Canada).
• Intermittent Sentence
• A sentence of < 90 days that can be served on weekends and at night
******* DANGEROUS OFFENDER *********
 Commits a serious personal injury offence- an indictable offence involving
violence or attempted violence, conduct that endangers the life, safety, or
psychological makeup of the victim. Includes sexual assault.
 Little hope of being rehabilitated, or pose a threat to society
 Determined at a hearing following a psychiatric assessment
 Judge imposes an indeterminate sentence- sentence for an indefinite
period
o Offender stays in an institution until it can be shown that he or she is
able to return to society and display normal behaviour.
 One of the following conditions must exist:
o Pattern of aggressive behaviour- unlikely to change
o Indifferent about consequences
o Future behaviour is likely to be abnormal because of the brutality of
the offence committed
o Sexual impulses that will likely cause injury or pain to others
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Long-Term Offender
o Crown applies for this designation if it cannot prove the offender is
dangerous
o Repeatedly displays behaviour that could cause death, injury, or
psychological harm
o Would likely reoffend following a sexual offence