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Feb 9, 2023 · Sentences Must be Fair and Fit the Crime. Any sentence must be in proportion to the seriousness of the crime. The trial judge must respect the minimum, and maximum sentences set out in the Code and consider sentences appeal courts have handed down in similar cases. The sentence must also be proportional to the offender’s degree of responsibility.
- The Sentencing Process | Criminal Code Help - CCH
Intermittent Sentence. If your sentence is 90 days or less,...
- The Sentencing Process | Criminal Code Help - CCH
Mar 1, 2021 · 1. Think about asking for a later date 2. Understand the mitigating factors in your case 3. Understand the aggravating factors in your case 4. Understand the purposes and principles of sentencing 5. Prepare your sentencing submissions. based on what they think is appropriate and reasonable.
Intermittent Sentence. If your sentence is 90 days or less, the judge may allow you to serve it intermittently, such as one weekend. This is permitted in cases so the offender can go to school or work or attend to other matters. While you are out of jail you are under a probation order which governs your conduct. Imprisonment
Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada. A judge sentences a person after they have been found guilty of a crime. After a determination is made about the facts being relied on for sentencing, and hearing from both the Crown and the defence ...
- Overview
- Concurrent Sentences
- Consecutive Sentences
- Intermittent Sentences
- Conditional Sentences
- Earned Remission
A sentence is the ruling that a court hands down if a person has been found guilty of a charge or criminal offence. There are four different types of sentences: 1. concurrent 2. consecutive 3. intermittent 4. conditional In the criminal justice system, if an offender is convicted, they can: 1. be sentenced to a term of imprisonment 2. have the pass...
Concurrent sentences mean the offender’s sentences are merged, so they will serve more than one sentence at the same time. This merged sentence is called the aggregate or combined sentence. For example, an offender who is sentenced to two concurrent sentences of 12 months each would serve a 12-month sentence, not a 24-month sentence. Merged sentenc...
Consecutive sentences are served separately, which means when one sentence ends, the other sentence will begin. For example, an offender who is sentenced to two consecutive terms of 12 months each would serve a 24-month sentence. The Criminal Code of Canadastates that all sentences are concurrent unless the trial judge specifies a consecutive sente...
Intermittent sentences have a term of imprisonment of 90 days or less and are served only on certain days of the week. Individuals must follow conditions given in a probation order when they are not in custody. For example, an offender who is sentenced to an intermittent sentence could serve their time from Friday night to Monday morning in a corre...
A conditional sentence is served in the community. This means the offender is not in custody. Conditional sentences are issued only under the following circumstances: 1. there is no minimum term of imprisonment for this offence under the law 2. the maximum length of the sentence is two years less a day 3. the court is satisfied that serving the sen...
An earned remission happens when sentenced offenders accumulate a specific number of days to use as credit to reduce their time spent in custody. This is allowed under the Prisons and Reformatories Act and the Ministry of Correctional Services Act. Sentenced offenders admitted to Ontario correctional institutionscan be credited with 15 days for eac...
The judicial pre-trial is a meeting between you or your lawyer, the Crown, and a judge. The purpose of the judicial pre-trial is to sort out issues before the trial or, if possible, resolve the case without a trial, which might involve a withdrawal of the charge (s), diversion, or a guilty plea. Unless the case can be resolved, at the ...
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The broad purpose of sentencing is to protect the public. The codified objectives are designed to further that purpose. [2] The sentencing provisions provide guidance to judges in applying the available sentences for particular offenders. The sentencing regime in the Criminal Code and case law sets out the goals at play in all sentencings.
