LAWS 2302 Lecture Notes - Lecture 7: Mandatory Sentencing, Secondary Source, Extenuating Circumstances
Document Summary
Its only after a guilty verdict that there is sentencing. Few cases go to trial (30%), even fewer go to jury trials (< 1%): our doctrinal criminal law is focused on the trial process, but we do more sentences then we do trials. R v jordan: after 5 years of delay, a case has to be thrown out completely. Taitusi vikilani: 6 month sentence that is imposed to manslaughter, other fa(cid:272)tors to (cid:272)o(cid:374)sider (cid:449)hy it (cid:449)as(cid:374)"t (cid:373)urder. When the judge makes a sentencing decision (only the judge makes this decision) it is a complex decision to be made based on objectives: to protect society. Section 718 of the criminal code is open ended: the issue of plea bargaining comes up often. Most cases are solved by a guilty plea after a joint submission is made: the judge can decide to override the decision.
