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Carleton University
LAWS 2302
Mike Smith

Criminal Law January 16 2012 Class 2Sentencing and punishmentchapter 5The process whereby judges listen to submissions or recommendations by counsel outcome they think should happen is called a sentencing hearingDuring sentencing hearing evidence is heard Accused makes a statement at sentencing hearingCharacter witnesses priest etc Victims can make a statement as well to say how they were affected Whether an accused is found guilty or not outcome of disposition is important sentence Sentencing hearing is finishedpunishment phaseJudge is then finished with caseMany options for judge while applying sentenceSection 718 of the Codetells the judge what they have to consider while applying sentence guideline Stare decisisprinciple in lawlike cases must be judged alike Jurisprudence is relied on by judges and lawyers It depends on your background which sentence you will get Why would you get different sentences Appearance jurisdiction aggravating and mitigating factors s 718 Ontario Court of Justiceall cases in Ottawa begin here Then Superior court then OCA Ontario court of Appeal then SCC 1892Code Canada has taken and adapted many of Englands lawStephans draft codeEnglandSociety changes and the Code is amended There are now more mandatory minimum sentencesLimited options at sentencing stage Sir John Thompson presented the amendment to the Stephans Draft Code to parliament and it was adoptedAbsolute dischargedischarged of found guilty pleaded guilty judges accepts and let goConditional dischargeprobation for maximum of 3 years If you follow all conditions then discharged after end of probation Absolute or conditional arent convictions just findings of guilt basically innocent Next levels after discharges are probation fine jail Difference when dealing with adult or youth offenders
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