Sentencing
Unit 2
Chapter 11
Factors influencing sentencing
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Aggravating Factors are any relevant
circumstances, supported by the evidence
presented during the trial, that makes the harshest
penalty appropriate, in the judgment of the jurors.
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Mitigating Factors are any evidence presented
regarding the defendant's character or the
circumstances of the crime, which would cause a
juror to vote for a lesser sentence.
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See page 281, figure 11.2
Traditional Sentences
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Absolute discharge
Conditional discharge
Probation
Conditional sentence
Restitution
Fines & Community Service
Intermittent Imprisonment
Imprisonment or Incarceration
Suspension of Privilege
Suspended Sentence
I. Absolute discharge

An absolute discharge = the
offender will be regarded as not
having been convicted of the
offence.

The offender cannot be
subsequently charged with the
offence. (double jeopardy)
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However, a record is kept of the
absolute discharge and can be
used against the offender if the
offender commits another
offence.
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Record destroyed after one
year.
II. Conditional discharge
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Requires the offender to follow
certain rules (ie. Curfew, contact,
school etc.) for a specified length
of time as set out in a probation
order.
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Once the duration of the
conditional discharge has passed
and the conditions of the probation
order have been followed
successfully, the discharge
becomes absolute.

If not followed or new offence
committed while on probation, the
offender can be convicted of the
original offence and sentenced.
Q. When or why a conditional or
absolute discharge?
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would be in the best interests of the offender
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not contrary to the public interest.
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Offenders excluded from consideration for a
conditional or absolute discharge are those
convicted of an offence punishable by a minimum
term of imprisonment, a term of imprisonment of
14 years or life imprisonment.
III. Probation
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Offenders are released into the community
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Must follow certain conditions as set out in a probation
order.
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Can not be longer than three years.

Offenders who break the conditions of their probation
order may be charged with a breach of probation.

A breach of probation is punishable by a term of
imprisonment of up to two years.
Probation: Mandatory conditions
All probation orders contain the following :
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keep the peace and be of good behavior,
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appear before the court when required to do so by the
court, and
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notify the court or the probation officer in advance of any
change of name or address,
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and promptly notify the court or the probation officer of
any change of employment or occupation.
Probation: Optional conditions
may also contain the following :
 report to a probation officer by a certain date and
thereafter as directed by the probation officer,
 remain within the jurisdiction of the court unless written
permission to go outside of that jurisdiction is obtained
from the court or the probation officer,
 abstain from alcohol or drug use,
 abstain from owning, possessing or carrying a weapon,
 provide for the support or care of dependants,
 perform up to 240 hours of community service over a
period not exceeding one year,
 participate in a treatment program, and
 comply with any other reasonable conditions set by the
court.
IV. Conditional sentence

A prison sentence that is served in the community.

Must follow a set of rules imposed by the court for a
specific length of time.
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The prison sentence is 'suspended' as long as the
offender abides by the rules imposed by the court.
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Closely supervised by probation officers.
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An alternative to incarceration for those offenders who
would have been given a jail sentence of less than 2 years
and who the court is satisfied will not pose a threat to
public safety.
V. Restitution
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payment made by an offender to the victim to
cover expenses resulting from the crime, such as
property loss or damage or personal injury.
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Restitution is also available to persons acting in
good faith who unknowingly become victims of
criminal activity.
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For example, a person may unknowingly purchase
stolen property which is later confiscated by police.
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Equal to the replacement value of the property.
Restitution: How much, for what?
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Equal to the replacement value of the property.
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May cover medical bills and lost income.
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Victims are responsible for providing documentation of
expenses incurred to the court.
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Crime victims can make an application to the court for
restitution.
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Restitution orders can be enforced by the civil courts.
VI. Fines & Community Service
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A fine is the most frequently used sentencing option in Canada.
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45% of convicted adult offenders in Canada are fined!!
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Imposed if the court is satisfied that the offender is able to pay the fine or
work it off.
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For summary conviction offences, the maximum fine is $2000.
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For indictable offences, there is no limit!
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A victim fine surcharge…an additional payment of up to 15% of the fine.
Ensuring payment of fines!!
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Sets out the amount of the fine, the way the fine is to be paid and the
time by which the fine must be paid.
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Governments can refuse to issue or renew permits or licenses until the
fine is paid.
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The payment of fines can be enforced through the civil courts.
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Offenders may work off their fines. (community service such as snow
shoveling, cleaning up the park etc.)
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If an offender, without reasonable excuse, refuses to pay his/her fine or
work it off within the time allotted, the offender will have to serve a term
of imprisonment.
VII. Intermittent Imprisonment
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A term of imprisonment for ninety days or less, judge can
order that the sentence be served intermittently. (CCC)
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For example, the court may direct that the offender serve
his/her prison sentence on weekends. WHY?
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Work, families, non-violent, dependants, etc..
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When the offender is not in custody, the offender must
comply with the conditions set out in a probation order.
VIII. Imprisonment or Incarceration
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The most serious sentencing option available in
Canada.
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Intended as a last resort to be used only where less
restrictive alternatives are inappropriate.
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For summary conviction offences, the maximum term is
six months.
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Some offences carry minimum incarceration terms (Ie.
a second conviction for impaired driving.)
VIII. Imprisonment or Incarceration
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The most serious penalty that can be imposed is life
imprisonment.
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Life imprisonment is the mandatory penalty for first and
second degree murder.
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Terms of less than two years = serve in provincial
prisons.
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Sentences of two years or more are served in federal
penitentiaries.
IX. Suspension of Privilege
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Driver’s licence may be suspended for
certain driving offences and must be
suspended for impaired driving and driving
while prohibited.
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An offender must/may be prohibited from
owning or being in possession of a firearm.
X. Suspended Sentence
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A sentence passed or given but NOT carried out.
Offender MUST meet certain conditions.
Only for crimes with no minimum sentence.
Usually for first time offenders or minor offences.
Knowledge of sentence “hanging overhead” is
enough of a deterrence.
Offender still has a criminal record!
if the person is convicted of another offence or
does not follow imposed conditions, then the
person may be sentenced for the original offence.