CRIM 1100

  1. Sentence
    Statement imposing a legal sanction
  2. Punishment
    Severe deprivation of something
  3. When is a person sentenced?
    After having been convicted of a crime (found guilty)
  4. The 3 general questions a judge considers:
    • 1) General nature of sanction to be used (community vs. custodial)
    • 2) Specific type of sanction
    • 3) Amount of sanction

    • Factors looked at:
    • Risk - reoffend danger to society
    • 2. Needs - rehabilitation

    Custodial = Prision
  5. Goals of sentencing (5)
    • Deterrence
    • Incapacitation
    • Rehabilitation
    • Retribution
    • Denunciation
  6. Goals of sentencing - Deterrence
    Prevention of crime through threat of punishment (specific and general deterrence)
  7. Goals of sentencing - Incapacitation
    Inability to commit crimes
  8. Goals of sentencing -Rehabilitation
    Addressing individual reasons for criminal behaviour; focus on the future
  9. Goals of sentencing - Retribution
    Legal retaliation; making the person for his/her crime
  10. Goals of sentencing - Denunciation
    stating behaviour is socially unacceptable; concurrently reaffirms societal values
  11. S. 718 CC
    Outlines the purpose and principles of sentencing in Canada
  12. S. 718 CC - Detailed
    "The fundamental purpose of sentencing is 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 that have on or more of the following objectives:

    • a) Denounce unlawful conduct
    • b) To deter the offenders and other persons from committing crimes
    • c) To separate offenders from society, when necessary
    • d) To assist in rehabilitating offenders
    • e) to provide reparations for harm to victims or to the community
    • f) to promote a sense of responsibility in offenders, and acknowledgement of harm done to victims and to the community  - result in a lesser sentence if offender acknowledges the offence
  13. S. 718(1) CC
    A sentence must be proportionate to the gravity of the offence ad the degree of responsibility of offender
  14. Specific Deterrence
    Focus on the offender
  15. General Deterrence
    Focus on the public
  16. S. 718(2) CC
    "a court that imposes sentence shall also take into consideration the following principles:

    • A) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing.
    • Evidence that the offence was motivated by biased, prejudice or hate based on race, nationality, color, religion, sex, age, mental or physical disability orientation of the victim or:

    • Evidence that the offender, in consulting the offence, abused a position of trust or authority in relation to the victim
    • ... shall be deemed to be aggravating circumstances.
    • Aggravating - makes the crime worst, mitigating looks at situation ex. stealing
  17. S. 718(2) continued...
    • b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances
    • Sentencing should be fairly consistent
    • C) where consecutive sentences are imposed the combined sentence should not be unduly long or harsh
  18. Sentencing options
    • Absolute discharge
    • Conditional discharge
    • Suspended sentence
    • Fine
  19. Absolute discharge
    • Person considered not having been convicted of the offence; free to go
    • However, record kept of the discharge and can be used against the offender if he/she commits further crimes
    • Not an option for those convicted of offence punishable by a minimum term of imprisonment; a term of imprisonment of 14 years or life
  20. Conditional Discharge
    • Same disqualifications apply as in Absolute
    • Requires offender to follow certain rules for a specified length of time
    • Time supervised by a Probation Officer
    • If condition of the discharge are followed successfully until end of the specified time, discharge becomes absolute
    • If conditions are not followed, can be provided with another sentence
  21. Suspended sentence
    • Passing or sentence suspended, can be provided with another sentence
    • Probation order in connection
    • Cant be used where minimum sentence prescribed by law
    • If conditions are successfully completed for the given period no further sentence
  22. Fine
    • Most common sentence (Cannot pay for a serious crime)
    • Summary conviction offences: may be imposed in addition to another or sentence or alone
    • Indictable offences: if offence punishable by a maximum of 5 years or less, can be imposed in addition or alone. If indictable offence punishable by more than 5 years can be imposed by addition
    • Max fine for summary conviction offence: $2000
    • No $ limit for indictable offences
    • Court may impose a victim surcharge - an additional payment of up to 15% in addition to the fine. The money goes to special victims fund to pay for programs for victims of crime
    • Court makes an order that clearly specifies the amount of the fine, and when it has to be paid
    • Fine option programs
    • Imprisonment can result from lack of payment
  23. Restitution
    • Payment made by offender to victim to cover loss/damage/expenses/personal injury
    • Available to victims who have experienced property loss or damage or personal injury
    • Amount of restitution equal to replacement value of property; when someone injured, restitution towards  payment of medical bills and lost income
  24. Probation (1)
    • Alternative to imprisonment
    • Person supervised in the community
    • Conditional freedom
    • May be imposed by itself; or in addition to another sentence, including term of imprisonment less than two years
  25. Probation - S.737(1) Optional Conditions
    • Report to probation officer as directed
    • Remain within jurisdiction of court unless written permission from court/probation officer to leave
    • Abstain from alcohol and drugs
    • Abstain from owning, possessing, or carrying weapon
    • Support or care for dependants
    • Perform up to 240 hours of community service over a period not exceeding one year
    • Participate in a treatment program
    • Comply with any other reasonable conditions set by a court
    • Pre-sentence report can be requested by court to aid in determining appropriate sentence for an offender
  26. Probation - S.737(1) CC Mandatory conditions
    • Keep the peace and be of good behaviour
    • Appear before the court when required to do so by the court
    • Notify the court/probation officer in advance of changes to name, address, employment or occupation
  27. Probation - S.737(1)of probation violations & aximum length of probation
    Violating conditions of probation is a separate criminal offence (breach of probation) up to 2 years prison term

    • Adults - 3 years
    • Youth - 2 years
  28. Imprisonment
    • Most severe sentencing option in Canada
    • To be used as a last resort
    • Summary conviction offences; maximum 6 months
    • Indictable offences: maximum varies; life is highest imprisonment
    • 2 years less a day - provincial
    • 2 years or more - federal
    • Concurrent, consecutive sentences for multiple convictions
    • Intermittent sentences possible (weekends)
  29. Conditional Sentence
    • Prison term served in the community
    • Person/offence appropriate for a prison term, but allowed to be released into the community with conditions
    • Prison sentence if effectively suspended as long as offender abides by conditions imposed by the court
    • Supervision by a Probation Officer
    • Can be imposed as an alternative to incarceration for offenders who would have been give a term of imprisonment of less than 2 years and who do not pose an undue treat to public safety
    • Some offenders not eligible, including those cases where the involved offence has a mandatory minimum prison term. Ex. conviction for impaired driving
  30. Conditional Sentence - Mandatory conditions
    • Keep the peace and be of good behaviour
    • Appear before the court when required to do so
  31. Conditional Sentence - Optional conditions
    • Abstain from alcohol and drugs
    • Abstain from owning, possessing, carrying a weapon
    • Provide care/support for dependants
    • Perform up to 240 hours of community service over period not exceeding 1 year
    • Attend a provincial treatment program
    • Any other reasonable conditions considered by court
    • Report to supervisor as directed
    • Remain within jurisdiction unless have written permission
    • notify court of any name, address changes
    • If offender does not abide by conditions, suspension of prison term cancelled and serve rest of sentence in prision
  32. S. 753 CC
    Application by Crown to designate a person as a dangerous offender
  33. Dangerous Offender Criteria
    • Any person convicted of a serious personal injury offence but not yet sentenced who constitutes a danger to life, safety or physical/mental well being of others(serious personal injury offence is an offence involving attempted violence which can or will inflict mental/physical injury to another)
    • Offence must be subject to sentence of ten or more years imprisonment
  34. Dangerous Offender Criteria Patterns/Behaviour
    • Pattern of unrestrained behaviour that is likely to cause danger
    • Pattern of aggressive behaviour with indifference to the consequence of the behaviour
    • Behaviour that is "of such brutal nature" that ordinary standards of restraint will not control it
    • Offence shows failure on the person's part to control sexual impulses that is likely to result in harm to another person
  35. Result of dangerous offender designation
    Indefinite period of incarceration
  36. Parole eligibility review - Dangerous Offender
    Every 2 years after 7 years of incarceration has been served
  37. S. 753(1)
    Long term offender criteria
  38. Long-Term Offender Criteria
    • Appropriate to impose a sentence of 2 years or more for the offence
    • There is a "substantial risk" of reoffending
    • There is a reasonable possibility of eventual control of risk in the community (difference between long term and dangerous)
  39. Substantial Risk
    • The offence is one of the listed sex offences:
    • 1) Sexual interference
    • 2) Invitation to sexual touching
    • 3) Sexual exploitation/exposure
    • 4) Sexual assault
    • 5) Sexual assault with a weapon
    • 6) Aggravated sexual assault
  40. Substantial Risk AND the offender...
    • 1) shows a pattern of repetitive behaviour, of which the current conviction forms a part, that shows a likelihood that the offender will cause death or injury to another person or inflict severe psychological damage to another
    • OR
    • 2) by conduct in any sexual matter including that involved in the current conviction has shown a likelihood of causing pain, injury or other evil to other people in the future through similar offences
  41. If found to be a Long-term offender...
    • Court imposes a sentence of at least 2 years
    • Followed by a period of supervision in community exceeding 10 years
Card Set
CRIM 1100