Determining sentence Flashcards
What is the first step in a sentencing hearing?
Prosecution opens, makes submissions
Submissions include previous convictions, any ancillary orders, relevant sentencing guidelines, and victim impact statements.
What happens at a sentencing hearing?
- P opens with submissions
- D mitigate
- Determine which category of sentencing guidelines apply
- Apply aggravating and mitigating factors
- Reduce sentence for any guilty plea
- If multiple sentences, ensure the final sentence is just and proportionate
What is included in the prosecution’s opening submissions?
- Previous convictions
- Any ancillary orders
- Relevant sentencing guidelines
- Victim impact statement
What is the defence’s role during their mitigation?
- must not mislead court
- must put forward something consistent with their instructions
What may the defense request to assist the court in sentencing?
A pre-sentence report
What happens if the defence asks for a pre-sentence report?
A probation officer meets with the defendant and discusses the offense
What is the first task of the judge when passing sentence?
Determine which category of sentencing guidelines apply
What are the categories of sentencing guidelines?
- Greater culpability and greater harm (1)
- Greater culpability and lesser harm; lesser culpability and greater harm (2)
- Lesser culpability and lesser harm (3)
These categories help in assessing the severity of the offense.
What factors can adjust the starting point of a sentence?
Aggravating and mitigating factors
What are examples of aggravating factors?
- Planning
- Previous convictions
- Location
- Abuse of power
- Multiple victims
- Bigoted motives
- Drunk driving
What are examples of mitigating factors?
- Provocation
- Mental illness
- Youth
- Minor role
- Good character
How can a guilty plea affect the sentence?
Reduce sentence to credit any guilty plea
How is the reduction for a guilty plea calculated?
It is calculated off the final sentence reached.
What is the credit for a guilty plea at the first stage of proceedings?
Max 1/3
Earliest possible = 1st hearing in MC for summary only/either way or an unequivocal indication in 1st hearing in MC for an indictable only offenec (technically not a plea)
What is the credit for a guilty plea after the first stage of proceedings?
Max ¼
What is the credit for a guilty plea on the day of trial?
Sliding scale with max 1/10
