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Paralegal Licenscing Exam > Sentencing > Flashcards

Sentencing Flashcards

1
Q

Bill C-75 2019 brought in sweeping changes to

A

the Criminal Code regarding the available sentences for summary conviction offences, making longer sentences possible.

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2
Q

What are the objectives of sentencing adults, as outlined in CC Section 718, .1 and .2?

A
  • DENOUNCE unlawful conduct and the harm done to victims
  • DETER the offender and other persons from committing offences
  • SEPARATE offenders from society
  • ASSIST in rehabilitating offenders
  • PROVIDE REPARATIONS for harm done to victims or the community
  • PROMOTE a sense of RESPONSIBILITY in offenders
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2
Q

Deterrence may be

A

general or specific

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3
Q

General deterrence is aimed at

A

deterring the community at large by demonstrating the negative consequences of engaging in criminal behaviour

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4
Q

Specific deterrence is an effort to

A

ensure the offender is discouraged from reoffending

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5
Q

Section 718.1 codifies the importance of

A

the proportionality of a sentence

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6
Q

Section 718.2 sets out other principles of sentencing, including:

A
  • parity
  • totality
  • restraint
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7
Q

How must judges consider the principles outlined by the SCC in R v Gladue?

A

the unique background and systemic racism faced by Indigenous offenders, the use of appropriate procedures and the imposition of appropriate sanctions must all be considered if the systemic factors facing INdigenous peoples in Canada have impacted to offenders life in a way that bears on the offenders moral blameworthiness

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8
Q

What is a Gladue Report?

A

Can be ordered when the offender is Indigenous, details the life circumstances of an offender and provide sentencing recommendations, given the circumstances and resources available

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9
Q

What is the significance of R v Morris?

A

While Gladue principles do not apply to black offenders, through the ONCA decision in Morris, the court may consider the impact of anti-black racism on sentencing

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10
Q

What factors pertain to the gravity of an offence?

A
  • the range of the offence
  • an offence involving abuse of trust
  • domestic offences
  • planning and deliberation
  • duration
  • magnitude or profitability
  • prevalence
  • violence and use of weapons
  • vulnerability of the victim
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11
Q

What is the credit limit for time served while in pre-trial custody?

A

one day for each day spent in custody, with a max credit of 1.5 days for each day spent, of circumstances justify it

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12
Q

Organizations may be subject to a maximum fine of

A

$100,000 for a summary conviction offence

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13
Q

What kind of report may be produced as proof of an offender’s criminal record?

A

A CPIC report, generally the Crown will produce a copy of the record as kept by the RCMP

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14
Q

What is a pre-sentence report?

A

Can be ordered by the judge, a sentencing court may order that a probation officer prepare a pre-sentence report, which consists of interviews with the offenders family, friends, employer, and others, and prepare a report that outlines the offender’s family background, upbringing, education, employment history, significant issues and future plans

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15
Q

In some cases, a paralegal may wish to have what prepared instead of a pre-sentence report?

A

A psychological report

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16
Q

The court is not bound to accept a

A

joint position, in the situation where the Crown and defence have agreed to a guilty plea and appropriate sentence. Offender should be made aware of this prior to choosing to take a negotiated guilty plea

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17
Q

What is diversion?

A

Where an alternative method to a sentence is taken, where the accused agrees to participate in an appropriate program, and where the program is successfully completed, the charges are stayed or withdrawn

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18
Q

What are some factors the Crown may consider when deciding whether a case is appropriate for diversion?

A
  • prior criminal record
  • prior completion of a diversion program
  • the seriousness of the charge
  • post-offence conduct
  • input of the victim
  • the societal interest in proceeding to trial
  • cost of prosecution in relation to the seriousness of the offence
  • ## the impact of a conviction on the accused
19
Q

What are the two types of peace bonds?

A
  • a common law peace bond where a judge of the ONCJ or SCJ has inherent jurisdiction to make such an order (no $ pledged) OR
  • a recognizance under section 810 of the Code, which can be done before a judge or JoP ($ pledged)
20
Q

After the accused signs the common law peace bond or recognizance and agrees to comply with its conditions, Crown counsel will usually

A

withdraw the criminal charges

21
Q

Typically, the peace bond is a recognizance for

A

one year in length with conditions such as
- to keep the peace and be of good behaviour,
- to have no contact with a specific person(s),
- to not attend a location,
- to not possess firearms/weapons

22
Q

What is a discharge?

A

Under sectio 730 of the Criminal COde, a judge may find a person guilty but not register a conviction against the offender. Appropriate where being charged and tried will be sufficient deterrent and denunciation to address the conduct at issue, and for those who will suffer disproportionate consequences (loss of employment)

23
Q

Does a discharge qualify as a previous conviction?

A

No

24
Q

All record of a discharge is removed from CPIC (the federal records)

A

automatically after one year for an absolute discharge and after three years for a conditional discharge

25
Q

Do provincial records remove record of discharges?

A

No, unless specifically required by provincial or municipal law

26
Q

When are discharges not available?

A

for any offence where there is a minimum sentence, and to corporations

27
Q

What is an absolute discharge?

A

has no conditions and is essentially the absence of a sentence

28
Q

When does an absolute discharge come into effect?

A

On the day of the sentence

29
Q

What is a conditional discharge?

A

Requires the offender to be subject to a probation order with conditions for a period of up to 3 years. Often accompanied by a period of probation with certain terms. If the accused person abides by the terms, the conditional discharge becomes absolute upon the end of the probation period

30
Q

What is a suspended sentence?

A

Where an accused is released under a probation order with conditions for a period of up to 3 years. If successfully completed, no further sentence is imposed. If breached, the offender can be charged with failure to comply with a probation order, the suspended sentence can be revoked, and an alternative sentence substituted.

31
Q

Is probation a free standing sentence?

A

no, it always accompanies another sentence, such as a term of imprisonment less than two years, or a fine.

32
Q

Probation orders provide an offender with an opportunity to

A

rehabilitate and when ordered with a custodial sentence, offer a more gradual reintegration into the community.

33
Q

The maximum term of a single probation order is

A

three years with the mandatory conditions of:
- keep the peace and be of good behaviour
- attend court as required
- notify the court or the probation officer of any change of name, address, or employment.

34
Q

Fines may be imposed as part of the sentence where the court is satisfied

A

that the offender has the means to pay the fine.

35
Q

The max fine for a person charged with a summary conviction offence is generally

A

$5,000, $100,000 for a corporation

36
Q

Who is required to pay a victim fine surcharge?

A

an offender who is convicted or discharged of an offence under the CC, CDSA or Cannibis Act

37
Q

What is the amount of a victim surcharge?

A

30% of any fine that is imposed on the offender, or if no fine is imposed, $100 for a summary conviction

38
Q

When might the victim surcharge be waived?

A

Upon application or on its own motion where it would cause undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender

39
Q

Does imprisonment alone constitute hardship in the determination of a victim surcharge?

A

No

40
Q

What is a conditional sentence?

A

A sentence of imprisonment where the offender is permitted, conditionally, to serve the sentence in the community.

41
Q

What are the statutory preconditions to the imposition of a conditional sentence?

A
  • the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the purpose and principles of sentencing
  • the offence is not punishable by a minimum sentence of imprisonment
42
Q

All sentences for summary convictions (2 yrs less a day unless otherwise specified) are served where?

A

provincial institutions

43
Q

When might a sentence be served intermittently?

A

When judge imposing a sentence of imprisonment for 90 days or less orders that it be served intermittently.

43
Q

Courts must consider whether sentences be served consecutively where:

A
  • the accused is already serving sentence
  • the offences do not arise out of the same series of events
  • one of the offences was committed while the accused was on judicial interim release
  • one of the offences was committed while the accused was fleeing from the police
44
Q

Generally, an offender is eligible for parole after serving

A

1/3 of the sentence. In practice, generally eligible after serving 2/3 of a sentence

45
Q

What ancillary orders are made at the time of sentencing?

A
  • driving prohibition orders
  • weapons prohibition orders
  • DNA orders
  • sex offender registry orders
  • section 161 orders (for sex offences against children)
  • restitution orders
  • forfeiture orders for weapons

Paralegal Licenscing Exam (51 decks)

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