327-M8 - Sentencing

Question 1

The fundamental purpose of sentencing is…

Answer 1

to protect society, to respect the law, and to maintain a just, peaceful, and safe society

Question 2

What are the three types of goals that the objectives of sentencing could be classified as?

Answer 2

1. utilitarian goals
2. retributive goals
3. restorative goals

Question 3

What are the utilitarian objectives of sentencing?

what do these objectives focus on?

Answer 3

focused on the future behaviour of offenders and other people

1. deterring offenders
2. to separate offenders
3. to rehabilitate offenders

Question 4

What are the retributive objectives of sentencing?

What do these objectives focus on?

Answer 4

Focused on the past criminal offence itself, including:
1. denouncing unlawful conduct and the harm it has done to the victims or to the community

Question 5

What are the restorative objectives of sentencing?

What do these objective focus on?

Answer 5

They focus on the reparation and acknowledgement of harm, including
1. providing reparations
2. promoting a sense of responsibility in offenders, and acknowledging the harm done

Question 6

All in all, what are the 6 objectives of sentencing, under the guiding purpose of protecting society, respecting law, and maintaining a just, peaceful, and safe society?

Answer 6

1. renouncing the offence
2. reparations for the victims
3. responsibility in offender and acknowledging harm done to the community
4. rehabilitation of offender
5. separating offenders from society
6. deterring offender and others fro committing offences

Question 7

What prominent idea of justice is highlighted in the principles of sentencing?

Answer 7

Proportionality to the offender and the offense.

Question 8

Moral culpability

Answer 8

the degree of the offender’s responsibility to a given offence

Question 9

What are the principles behind sentencing?

Answer 9

• considering aggravating and mitigating circumstances
• similar treated similarly
• combined sentences should not be unduly long or harsh
• lease restrictive sanctions should be used (restraint element of justice)
• all available sanctions should be considered, especially for indigenous offenders.

Question 10

Totality principle

Answer 10

states that combined sentences for multiple offenses should not be harsh

Question 11

What are the two routes to consider the time spent serving when there are multiple sentences involved?

Answer 11

• combined: x + y
• concurrent: whichever one is greater

Question 12

Aggravating circumstances lead to…

Answer 12

harsher sentences

Question 13

what are some examples of aggavating circumstances?

Answer 13

• hate crimes
• violations of trust and authority
• criminal organization
• premediated offences
• use of a weapon

Question 14

Mitigating circumstances lead to…

Answer 14

more lenient punishments (m is for mercy)

Question 15

examples of mitigating circumstances include:

Answer 15

• first time offenders
• guilt or remorse
• behaviours consequent of addiction
• someone willing to make reparations

Question 16

What are pre-sentencing reports?

What are some examples?

Answer 16

background information about the offender that may affect the type of sentencing

e.g.
* gladeau reports
* impact of racce and culture assessments
* victim impact statements

Question 17

What is the two-year rule?

Answer 17

the length of the sentence affects the type of institution

<2yrs - provincial
≥2yrs - federal

Question 18

intermittent sentences

what are they and which lengths of time are they applicable for?

Answer 18

for sentences less than 90 days

offender serves during the weekends and weekdays on probation in the community

Question 19

Victim surcharge

Answer 19

separate from fines, a charge paid by offenders to restore ham to victims (including The Public).

now renounced since 2018

Question 20

Monetary values of victim surcharges

What percentage of the fine would be duplicated as the victim surcharge?

What if there is no fine

Answer 20

fine - 30%

no fine:
* summary offences: $100
* indictable offences: $200

Question 21

“time to pay”

Answer 21

a time interval established for the offender to pay the fine or victim surcharge

Question 22

Fine Option Program

Answer 22

given to offenders to cannot pay the fine to work via community service

Question 23

Who receives the money from fines and victim surcharges?

Answer 23

Fines: judicial services and resources
Victim surcharges: victim services programs

Question 24

Ascertainable amount

Answer 24

a standard for restituion payments, where the payment must be able to be physically valued

Question 25

Under what situations are restitution payments applied?

Answer 25

Hospital bills, property damage

Question 26

T/F: Probation can follow a period of incarceration of not more than three years.

Answer 26

FALSE. Maximum 2 yrs.

Question 27

T/F: The resulting charge of failing to comply with probation conditions, “breach of probation”, is a summary offense.

Answer 27

FALSE. It is a hybrid offence.

Question 28

What is the max interval for probation?

Answer 28

3 yrs

Question 29

What are the two types of conditions for probations orders?

Answer 29

• mandatory
• additional (implemented by a judge)

Question 30

absolute discharge

Answer 30

the offender is found guilty but there is no sentence imposed and there is no criminal record

Question 31

conditional discharge

Answer 31

an offender is found guilty and will not be sentenced nor will they have anything on their criminal record IF they stay under supervision and meet conditions for 3 years

Question 32

Suspended sentence

Answer 32

similar to a conditional discharge, but there is a note on the criminal record

no sentence while on probation

Question 33

conditional sentence

Answer 33

serving time within the community

Question 34

What is the difference between probation and a conditional sentence?

Answer 34

probation is more rehabilitative, while conditional sentences are punitive.

Question 35

Failure to comply with conditional sentences can result in:

Answer 35

• no action
• addition/removal of optional conditions
• suspension of the conditional sentence
• revocation of the conditional sentence

Question 36

suspension of the conditional sentence

Answer 36

serving part of the conditional sentence in an institution

Question 37

revocation of the conditional sentence

Answer 37

serving what remains of a conditional sentence in an institutions because of a failure to comply

Question 38

Dangerous offenders

Answer 38

any person who poses a danger to the life, safety, or physical, mental well-being of others, especially with a similar history

Question 39

What does it mean for sentencing when someone is labelled a Dangerous Offender?

Answer 39

indeterminate sentence, at least 7 years prior to a parole hearing

Question 40

Long-Term Offenders

Answer 40

offenders with a “substantial risk” for re-offence, but with a possibility of eventual control of this risk

Question 41

What does it mean for sentencing when someone is labelled a long-term offender?

Answer 41

at least two years of incarcerations

The Long-Term Supervision Order can be up to 10 years.