Sentencing

Question 1

s.718.2

Answer 1

reasons for particular sentences
s.718.2 a - justifications for a tougher sentence (prejudice, abuse of trust
s.718.2 b - sentences should be similar for the same crime
s.718.2 d and e - imprisonment as a last resort

Question 2

s.721

Answer 2

• court can consider pre-sentence reports (by probation officers)

Question 3

s.722

Answer 3

court can consider victim impact statements

Question 4

For multiple charges

Answer 4

Choice of:
- concurrent - run at the same time, usually for multiple charges form the same incident
- consecutive - usually for different places and times

Question 5

Intermittent Sentences

Answer 5

could be served on weekends, only for 90 days or less

Question 6

Dangerous offenders

Answer 6

• can be sentences for an indeterminate period
• will only get out if they can convince the parole board they are no longer a dangerous

Question 7

Long term offenders

Answer 7

if there is risk of recidivism, they can be sentence to up to 10 years of community supervision post release

Question 8

Conditional sentences

Answer 8

• up to 2 years, decided by judge
• lots of conditions attached to house arrest

Question 9

Probation

Answer 9

Most common sentence
- up to 3 years, with up to 240hrs of community service
- wide range of conditions

Question 10

Fines

Answer 10

Indictable - “in the discretion of the court” no upper limit
Summary - s.787 max 5k
- some provinces have fine work programs

Question 11

Discharges

Answer 11

• can be absolute or conditional
• accused is entitled to say they have not been convicted of a crime

Question 12

Restitution orders

Answer 12

• repay victims for property or lost wages

Question 13

prohibition orders

Answer 13

• ban on possessing firearms or explosives, imposed in addition to other sentences