LAWS 2302 Lecture Notes - Lecture 1: Youth Criminal Justice Act, Suspended Sentence, The Offence
18 Feb 2016
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Criminal law january 13th 2016- sentencing and punishment. A charge can either lead to a trial, or the defendant can have a plea of guilty. If found guilty in the trial, the judge starts the sentencing process. Sentencing hearing- the judge needs some guidance. Their decision depends on a few factors: the offence, possibility of a prior criminal record, what is the offence worth (range of penalty, the offender (ie their background- prior cjs involvement, education, etc. ) Bill c-41 created s. 718 of the cc. it gives guidelines for punishment to jdges. Sentencing is the process, while the punishment is the end. Provincial punishment- 2 years or less (summary conviction) Federal punishment- 2 years plus (hybrid and indictable offences) Aside from jail, there are other options for punishment: fine- pay an amount to the court. No max or min, it can cover minor offences to huge ones (ie defrauding millions: probation- under watch while in society.
