Sentencing

Question 1

What is the fundamental purpose of sentencing according to section 718 of the Criminal Code?

Answer 1

To protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions.

Question 2

In R. v. Gladue (1999), what is the primary effect of section 718.2(e) on sentencing for aboriginal offenders?

Answer 2

It encourages judges to consider all available sanctions other than imprisonment.

Question 3

What is the primary distinction between a conditional sentence and probation?

Answer 3

A conditional sentence includes both punitive and rehabilitative aspects, whereas probation is solely rehabilitative.

Question 3

What must a judge consider before imposing a conditional sentence, as outlined in R. v. Proulx (2000 SCC)?

Answer 3

The offender’s risk of re-offending.

Question 4

Which principle from R. v. Proulx (2000 SCC) should guide the choice between a conditional sentence and incarceration?

Answer 4

The offender’s personal circumstances.

Question 5

What is the primary purpose of the principles outlined in Part XXIII of the Criminal Code?

Answer 5

To guide judges in imposing just and appropriate sentences.

Question 6

What is the overarching duty of a sentencing judge?

Answer 6

To draw upon all legitimate principles of sentencing for a just and appropriate sentence.

Question 7

Which principle requires that a sentence be proportionate to the gravity of the offence and the degree of responsibility of the offender?

Answer 7

Proportionality

Question 8

What was the purpose of Bill C-41, passed in 1996?

Answer 8

To reduce reliance on incarceration and increase the use of restorative justice principles.

Question 9

What principle directs sentencing judges to consider all available sanctions other than imprisonment for all offenders?

Answer 9

Section 718.2(e).

Question 10

What is the primary objective of a conditional sentence according to R v. Proulx?

Answer 10

Punishment.

Question 11

Which factor is NOT considered when determining the appropriateness of a conditional sentence?

Answer 11

The offender’s race or ethnicity.

What is considered: the risk of re-offending, the gravity of the damage that could ensue in the event of re-offence and the restorative objectives of rehabilitation.

Question 12

What principle did R v. Morris emphasize regarding state misconduct?

Answer 12

State misconduct can mitigate sentence related to the circumstances of the offence or the offender.

Question 13

What is the effect of a discharge on an accused’s criminal record?

Answer 13

The accused’s criminal record remains but with restrictions on disclosure.

Question 14

Which sanction serves as a meaningful alternative to incarceration for less serious and dangerous offenders?

Answer 14

Conditional sentence.

Question 15

What is the primary objective of imposing a conditional sentence as an alternative to incarceration?

Answer 15

Rehabilitation.

Question 16

Which sentencing principle emphasizes that a sentence should be tailored to the individual offender and the specific offence?

Answer 16

Individualization.

Question 17

According to R v. Proulx, what should be the normative conditions for a conditional sentence?

Answer 17

Punitive conditions restricting the offender’s liberty.

Question 18

What is the primary consideration in determining the appropriateness of a conditional sentence according to R v. Proulx?

Answer 18

The risk of the offender re-offending.

Question 19

Which tool of sentencing is NOT listed in the lecture?

Answer 19

Dismissal.

What is listed: Community service, imprisonment and recognizance to keep peace.

Question 20

What does a discharge under Section 730(3) of the Criminal Code mean for an accused?

Answer 20

The accused is deemed to have no criminal record.

Question 21

What does Section 718.2(e) of the Criminal Code mandate regarding sentencing judges?

Answer 21

Consider all available sanctions other than imprisonment for all offenders.

Question 22

What is the fundamental purpose of sentencing according to Section 718 of the Criminal Code?

Answer 22

To denounce unlawful conduct and harm to victims.

Question 23

According to R v. Priest, what should trial judges explore before imposing a custodial sentence on a first time offender?

Answer 23

Community-based dispositions.

Question 24

According to R v. Morris, how can social context evidence relating to an offender’s life experiences impact sentencing?

Answer 24

It can mitigate the offender’s degree of responsibility for the offence.

Question 25

What is the purpose of Section 718.1 of the Criminal Code?

Answer 25

To ensure that sentences are proportionate to the gravity of the offence.

Question 26

What principle is emphasized in R v. Morris regarding the imposition of conditional sentences?

Answer 26

The principle of restraint.

For first time offenders, the principle of restraint “requires that the sentencing judge consider all sanctions apart from incarceration” and where necessary ensure the term be as “short as possible and tailored to the circumstances of the accused.”

Question 27

What is the primary purpose of imposing fines as a sentencing tool?

Answer 27

To provide a deterrent effect on offenders.