SENTENCING
The fundamental purpose of sentencing is to contribute, along with crime
prevention initiatives, for the respect of the law and the maintenance of a
just, peaceful and safe society by imposing just sanctions that have one or
more of the following objectives:
a)
b)
c)
d)
e)
f)
To denounce the offender and other persons from committing offences;
To deter the offender and other persons from committing offences;
To separate offenders from society, where necessary
To assist in rehabilitation offenders;
To provide reparations for harm done to victims or to the community;
and
To promote a sense of responsibility in offenders, and acknowledgment
of the harm done to victims and to the community.
Mitigating Circumstances:
Circumstances of the crime that lessen the
responsibility of the offender.
Examples???
Aggravating Circumstances:
Circumstances of the crime that increase the
responsibility of the offender.
Examples???
Aggravating Factors
Mitigating Factors
Premeditation
Impulsive act
Previous criminal record
Young or first-time offender
Large profits from the offence
Guilty plea
Involving others in the offence
Cooperation with police
Ring leaders of the group
Mental or physical disability
Continuing offence over time
Short life expectancy
What do you think a judge should consider when sentencing?
-Crown
-Charter
-Defence submission
-Pre-sentence report
-Accused’s criminal record
-Plea bargain
-Public opinion
-Parole rules
-Victim impact statement
-Availability of resources
-Pre-trial custody
-guilty plea
-precedents
-Sentencing principles
-Community
-Criminal Code
-Penitentiary/reformatory
PRE-SENTENCE REPORT:
-Probation officer investigates and writes it
-Describes offenders situation
-Includes interviews with offender and others who are
familiar with their history (e.g. Family member)
VICTIM IMPACT STATEMENT:
-Statement made in court by the victim and others
affected by the offence
-Describes impact on their lives
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Once a person has been found guilty of
committing a crime, the judge imposes a
sentence, or punishment
Sentencing has many goals:
 Protecting the public
 Retribution
 Deterrence
 Rehabilitation
 Restitution

The main goal is to protect the public
This includes:
 (1) protection of their person,
 (2) their property, and
 (3) their individual rights and freedoms;
When a person commits an offence, that individual
harms not only the victim but everyone in society;
 People feel threatened until the offender is
apprehended and public protection is restored.

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When a person harms another, society often wants
that person to “pay” for the offence;

Retribution: punishing an offender to avenge a
crime; to satisfy the public that the offender has
‘paid’ for the crime

Recall: Code of Hammurabi “eye for an eye”

Many believe that punishing a defender will send the
message that anyone caught breaking the law will be
punished accordingly;

Imposing a penalty will deter (discourage) others from
committing crimes;

Specific deterrence: punishment as a way of discouraging
criminals from reoffending;

General deterrence: punishment as a way of discouraging
other members of society from committing similar crimes

This goal is to help offenders become law-abiding citizens;

Rehabilitation: treating problems that interfere with an
offender’s ability to function in society; includes services and
programs :
 Psychiatric and medical treatment for drug and alcohol dependency,
behavioural modification, etc.;
 Educational programs: teach offenders skills to prepare them for
reintegration into the community;

Recidivism: occurs when an offender returns to crime after
being released from prison
 Thus, treatment can be matched to offender’s needs to better aid
him/her in becoming more successful when reintegrated into society

Restitution: requires offenders to pay society back
for the injury, loss, and suffering they caused;

Actual payment for damages is a more obvious form
of restitution;

Think ‘restore’ relationships, [i.e. restoring the
relationship between offender and society
(Community service)]

After a defendant is convicted in a criminal
trial, the sentencing process begins;

For summary (minor) offences, sentencing
usually takes place immediately;

For indictable (major) offences, sentencing is
more complex and is often delayed to allow
time for the judge to make an informed
decision

When sentencing offenders, a judge must
keep in mind the goals of sentencing:
 Is the offender a candidate for rehabilitation?
 Is the offender a threat to society?
 Should this offender be compelled to make
restitution?
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To accomplish these goals, a judge has a
variety of sentencing options.
Sentence may be in prison (incarceration) or
outside of prison (diversion programs)

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Defined as imprisonment for a specified length of time (each criminal
offence has a maximum sentence);
Length of imprisonment:
Dangerous Offender:
Someone who constitutes a threat to the life, safety, or
physical or mental well-being of others. In such cases,
s. 753(4) of the Criminal Code requires the judge impose
an...
Indeterminate Sentence:
Where the offender is held for an indefinite period in a
federal prison; offender may apply for parole.
Concurrent Sentences:
When criminals are convicted of more than one offence
at a time, they must serve their those sentences at the
same time (i.e. 2-four year sentences = 4 year prison
term);
Consecutive Sentences:
Serve those sentences one after the other (i.e. 2-four
year sentences = 8 years). These are rare in Canada.

Prison is the toughest and most expensive penalty we have
for offenders in Canada;

The adult federal and provincial correctional system costs
about $3 billion annually;

The cost of keeping an offender in a federal penitentiary is
about $95 000 per year! This compares with between $2000
and $9500 per year for community supervision for parolees;

In sum: locking up offenders is an expensive proposition...
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According to the graph beside,
Canada houses approximately 116
prisoners per 100,000 people
Although Canada’s incarceration
rate is less than a quarter of the
USA, it is still higher than many
European countries;
There is no real evidence to suggest
that locking people up has a
deterrent effect, that it reduces
crime, or that it even reduces the
rate of recidivism;
Canada has adopted an approach
that gets (1) ‘tough’ with violent,
high risk offenders , and (2) finds
alternatives to incarcerate nonviolent, low-risk offenders.
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People in the provincial correctional system are either awaiting trial or
serving sentences of LESS than TWO years;
THREE types of custody;
Facilities in this system have various levels of security:
Closed Custody
Protective Custody
Open Custody
Secured facility
Separation from others in
the prison
Less secure facility (i.e. a
halfway house)
Dangerous offenders or
flight risks
Prisoners requiring
psychological care or
protection from other
prisoners
Non-violent offenders who
are not flight risks
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Federal institutions are classified as maximum, medium, and minimum
security;
For sentences GREATER than TWO years;
Prisoners in maximum security who prove themselves over time can be
transferred from a maximum-security to medium-security prison
MAXIMUM Security
Institutions
MEDIUM Security
Institutions
MINIMUM Security
Institutions
Secured with high walls,
razor-wire fences, and bars
on all windows and doors
Fewer physical barriers
No external physical
barriers
Armed correctional officers
Fewer correctional officers
Unarmed correctional
officers
Dangerous offenders
Prisoners have more
freedom and more contact
with each other
Employment and
educational programs to
assist in the transition back
to society
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The Correctional Service of Canada (CSC) is responsible for the care and well-being of
inmates in federal penitentiaries;
In addition to providing food, clothing, housing and health care, CSC helps people deal
with issues relating to their criminal behaviour;
CSC’s goal is to contribute to public safety by reducing the chances of prisoners’
reoffending upon release;
Every prisoner has a correctional plan that outlines his/her needs and priorities; the plan
and progress of the individual are reviewed regularly to determine whether goals are
being met and monitor the level of risk the offender poses;
CSC offers programs in the following areas:
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Life skills
Cognitive skills training
Substance abuse intervention
Sex offender treatment
Family violence intervention
Literacy
Work experience