Sentence Indications

Question 1

What are sentence indications?

Answer 1

A sentence indication is a statement given by a judge, to an accused to let them know what sanctions is likely to be imposed, if they plead guilty to the offense they are charged with.

• For both summary and indictable offenses
• A way to encourage the accused to plead guilty and avoid a trial.

Question 2

How do sentence indications for indictable offenses happened?

Answer 2

• At any time after an indictment, the court indicates weather they will impose an immediate sentence of imprisonment and if they will the accused can apply for a sentence indication.
• The prosecutor must agree. Only once unless consent again
• only indications of imprisonment, if courts says it won’t imprison and accused pleads guilty, it cannot imprison the accused.
• If accused pleads not guilty at first available opportunity, new judge comes.

Question 3

How do sentence indications for summary offenses happen.

Answer 3

• The court indicates whether it is likely to impose a term of imprisonment.
• If the courts gives a sentence indication, and the accused pleads guilty at the first available opportunity, the court cannot give a harsher sentence them what they said.
• If the accused pleads not guilty, new magistrate resides case.

Question 4

What are the purposes of sentence indication

Answer 4

1: To give the accused some clarity about the likely sentence to be imposed, so that they can make an early decision and alleviate the fear of receiving a custodial sentence.
2: To save time, money, stress, resources etc of having a trial or hearing that may result in a higher sentence.
3: Helps to bring earlier closure for victims and their family.
4: signify an accused’s willingness to accept responsibility, this freeing up resources for other cases and receiving a more lenient sentence.

Question 5

What factors to consider/ appropriateness of sentence indications.

Answer 5

• whether the accused has applied for one
• whether one has already been given (indictable offense)
• Type of offense and court
• Sufficient information for the judge to give one?
• Prosecutor consent
• Strength of evidence
• nature of offense