Week 11

• What are the purposes and principles of sentencing?

  Accountability, denunciation, deterrence, reparation, rehabilitation, and protection.
• Sentences should what reflect what?

  Sentences should reflect the seriousness of the offence, degree of responsibility of offender, aggravating or mitigating factors.
• Sentences should be what?

  Sentences should be consistent.
• Consecutive sentences should not be what?

  Consecutive sentences should not be unduly harsh.
• Imprisonment should not be given unnecessarily, this is because of what?

  Imprisonment should not be given unnecessarily as alternatives should first be considered, especially for those in marginalised groups – i.e Indigenous peoples.
• What are four aggravating factors?

  1. Crimes motivated by hate.
  2. Spouse and child abuse.
  3. Abusing a position of trust or authority.
  4. Crimes connected with a criminal organisation.
• What are the goals of utilitarian sentencing?

  General deterrence, specific deterrence, rehabilitation, and incapacitation.
• What are the goals of retributive sentencing?

  Denunciation, retribution, and proportionality.
• What are the goals of restorative sentencing?

  Crime harms vicim, offender, and community; victim – offender mediation, circle sentencing.
• What are three statistics of sentencing in adult criminal courts in Canada in 2020 – 2021?

  1. Half of completed cases resulted in a finding of guilt (50%).
  2. Probation was the common sentence (43%).
  3. Fines (21%) median fine was $1,000.
• What are the three types of sentences? Define them.

  1. Concurrent: Sentences that are amalgamated and served simultaneously.
  2. Consecutive: Sentences that run separately and are completed one after the other.
  3. Intermittent: Sentences that are served on a part-time basis, generally on weekends.
• Why do some judges take extraordinary measures when determining a verdict and sentence for dangerous offenders?

  • A designation made by the judge after conviction that results in an indeterminate term of imprisonment.
  • Offender shows pattern of violent behaviour and likelihood of serious harm in future.
  • Application by Crown post-conviction, pre-sentence.
  • 75% Indigenous offenders.
• What is the dangerous offender threshold?

  • Current Offences: (1) at least one personal injury offence and (2) use of violence, endangering life, or inflicting severe psychological harm.
  • Past Behaviours: (1) Persistent, aggressive behaviour and (2) failure to control sexual impulses or other behaviours.
• What are some extraordinary measures for long-term offenders?

  1. A designation in the criminal Code that requires that offender to spend up to 10 years under supervision following the expiry of their sentence.
  2. Only for federal inmates.
  3. Administered by parole board.
• What are some additional sentencing options that can be "stacked" on top of the existing one?

  • Prohibitions – Stay away from child, no possession of firearms, no driving.
  • Forfeitures – Counterfeit money, narcotics, weapons, hate propaganda.
  • Proceeds of Crime – Government can seize accumulated money, property or goods acquired from criminal activity.
• What are the three steps in decision makings that judges take?

  1. Identifying the relevant factors relevant in the case.
  2. Identifying the relevant law.
  3. Combining the relevant facts and law to produce the correct outcome.
• What are the seven sentencing considerations?

  (1) aggravating circumstances, (2) mitigating circumstances, (3) case law precedent, (4) PSR/pre-sentence reports, (5) victim impact statements, (6) psychological assessments, and (7) aboriginal offenders.
• Aggravating Circumstances


  Facts about an offender and the offence that are considered negative and tend to increase the severity of a sentence.
• Mitigating Circumstances


  More positive facts about the offender and the offence that may decrease the severity of a sentence.
• Case Law Precedent


  Judges wil consider sentencing decisions in previous similar cases. A general principle is that there should be similar sentences in similar cases.
• Pre-sentence Reports (PSR) 


  Prepared by probation offenders, presents information on the offender's background, present situation, and risk or needs, it also sets out options for sentencing that the judge will consider.
• Victim Impact Statements


  These contain information on the harm done to the victim (psychological and physical) and the consequences of the victimisaton.
• Psychological Assesments


  These are compelted on offenders and addresses their mental state and treatment needs.
• Aboriginal Offenders 


  Section 718.2(e) requires judges to consider alternatives to incarceration for Aboriginal offenders.
• What is the "gladue decision?"

  A decision by the Supreme Court of Canada that held that when a term of incarceration would normally be imposed, judges must consider the unique circumstances of all individuals, especially Indigenous peoples.
• What is the "gladue report?"

  Pre-sentencing reports prepared for the judge outlining the personal history of an Indigenous offender.
• What is the background and procedure for sentencing Indigenous offenders?

  • Background: Unique systemic factors that may have contributed to criminal behaviour.
  • Sentencing: Specific procedures and sanctions, like restorative justice, that may be amore appropriate for Indigenous offenders.
• How do judges decide on sentencing?

  • Exercising discretion – May result in non-legal factors impacting decision making which also may contribute to sentence disparity.
  • Political party, religion, interest groups, and gender influence decision making.
• How is the discretion of judges limited?

  • Criminal Code maximums.
  • Decisions in similar cases.
  • Mandatory minimum sentences.
• Statutory Guidance

  • Included in Criminal Code, Controlled Drugs, and Substances Act.
  • Maximum sentences are specified.
  • Some mandatory minimum sentenced.
• Supporters of the mandatory minimum sentences believe about?

  (1) General and specific deterrent, (2) prevents crime by removing offenders from the community, (3) symbolic denunciation for certain behaviours, and (4) reduces sentencing disparity.
• Opponents of the mandatory minimum sentences believe it to be?

  (1) Little or no deterrent value, (2) limit judicial discretion, (3) significant cost implications, and (4) may lead to unfair sentencing practises.
• What is the research on mandatory minimum sentencing?

  Label the diagram below.

  A) Modest effects on crime prevention.

  B) No effect on drug use or crime.

  C) Does not reduce sentencing disparity.

  D) Increases costs.

  E) Politically motivated.