defences and sentencing cont.

Question 1

what options do an accused person have about defences?

Answer 1

1. to not call a defence
   instead argue that the crown has failed to prove all the elements of the offence beyond a reasonable doubt
2. to call a defence
   in efforts to raise a reasonable doubt to get an acquittal

Question 2

more examples of common law defences…

Answer 2

automatism - committing offences while unconscious or in an involuntary state

duress - being forced to commit the offence with threat of your life (not successful if there is an avenue of escape)

defence of property

intoxication
provocation - statutory partial defence where murder is reduced to manslaughter

Question 3

when are sentences created?

Answer 3

a judge creates sentences after the accused is convicted and found guilty of their offence

Question 4

what is the purpose/principle of sentencing?

Answer 4

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

Question 5

what are the objectives of sentencing?

Answer 5

1. denounce - unlawful conduct
2. deter - offenders and others
3. separate offenders - from society
4. assist - in rehabilitating offenders
5. repair - for harm done to victims & community
6. promote - responsibility in offenders
7. rehabilitate - offender

Question 6

what is the fundamental sentencing principle?

Answer 6

that a sentence shall be proportinate to the crime

Question 7

what must judges consider when creating an offence?

Answer 7

• consider non-custodial sentences first - all available reasonable sanctions other than imprisonment
• use least restrictive sanctions as appropriate
• take into account circumstances of offence and degree of responsibility of accused

Question 8

True or false? a sentence should be similar to sentences imposed in similar cases (common law precedents)

Answer 8

TRUE

Question 9

what is the sentencing process?

Answer 9

1. judge conducts a sentencing hearing as soon as practicable after plea of guilty or finding of guilty
   ^^ this may require preparation of pre-sentence report (PSR)
2. judge may also consider a Gladue report where accused is Indigenous
3. in the hearing, judge may consider any relevant evidence including victim impact statements, prior convictions of accused and accused statement

Question 10

what is included in the PSR

Answer 10

1. the summary of the background information of the offence and offender
2. verbal evidence may be called; documentary evidence may be filed
3. previous criminal record may be considered

Question 11

what are the max penalties for an indictable offences? (jail time, list)

Answer 11

2, 5, 7, 10, 14, years OR life in prison

Question 12

what is the max penalty for a summary offence? (jail time)

Answer 12

generally 2 years unless stated otherwise

Question 13

what happens if there is an offence without a min sentence time?

Answer 13

most offences don’t have a min, so amount of jail time is up to the judge; if no min. then the judge can look at other non-custodial sentences

Question 14

what is pretrial custody time?

Answer 14

if the accused has stayed in custody pending trial, that time is subtracted from any jail time they get after trial

Question 15

what if someone is convicted of more than one offence?

Answer 15

sentences can be consecutive or concurrent

Question 16

what is a consecutive sentence?

Answer 16

you finish one sentence and start the next (usually if the charges arise because of different incidents)

Question 17

what is a concurrent sentence?

Answer 17

offender serves both sentences at the same time (usually if they arise because of the same incident)

Question 18

what is intermittnent jail sentence?

Answer 18

when an offender only serves time on weekends or another schedule (only available if the sentence recived is 90 days or less)

Question 19

True or false? Dangerous offenders get indeterminate sentences (no end date)

Answer 19

TRUE

Question 20

True or False? if an offender is a threat to life or safety of others, persistent, aggressive, brutal, lack of restraint & of concern for victim they are only released from custody if the Parole board is convinced they are no longer a danger?

Answer 20

TRUE

Question 21

what are the requirements to be considered a long-term offender? (list)

Answer 21

1. if they’re spending > 2 years in jail &
2. substantial risk of re-offending
3. requires lengthy period of supervision

Question 22

What is a condiitonal sentence?

Answer 22

if there is no min. sentence recquired and the judge sentences to less than 2 years then they can order the sentence to be served in the community only if to do so will not endanger the public
they can also impose many other conditions such as not leaving the house at certain times, no alcohol, no contact, etc.

Question 23

what is probation? (list)

Answer 23

• can be combined with find, jail time of less than 2 years and can last up to 3
• can include 240 hours of community service
• offender must keep the peace and be of good behaviour
• optional conditions ensure protection of society and offenders success
  if fail to comply = criminal hybrid offence, probation revokes and another sentence is imposed for original conviction

Question 24

how to be considered for a complete discharge?

Answer 24

• if there is no min and max is less than 14 years then the Judge can consider an absolute or conditional discharge
  therefore, the offender is not convicted and they have no criminal record