CRM 100 Lecture Notes - Lecture 6: Extenuating Circumstances, 18 Months, Domestic Violence
5 Jun 2018
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October 24, 2017
Purpose of Sentencing (718):
● Denunciation
● Deterrence
● Protection
● Protection
● Rehabilitation
● Reparation
● Accountability
Principles of Sentencing:
● Section 718.1 “Fundamental Principle” of sentencing i.e. proportionality
○ Sentence should be proportionate between the severity of the offence and the
offender’s level of responsibility
● Section 718.2: Other sentencing principles
○ Aggravating or mitigating factors
■ Aggravating factors- might be taken into account to increase sentence
● Evidence that the offence was motivated by bias, religion, gender,
sex, etc. (hate crime)
● Evidence of domestic abuse
● Evidence that the offender abused authority or trust of the victim
● Evidence that the offence had a significant impact on the victim
(health)
● Evidence that the offence was committed for the benefit of an
organized crime
● Evidence that the offence was a terrorism offence
● Evidence that the offence was committed while the offender was
on parole
● Evidence if a person abused a youth (under 18 years old)
■ Mitigating factors- might be taken into account to provide a more lenient
sentence
● Judges look at younger offenders and their capacity for
rehabilitation
● Prior criminal history
● Overall character- whether the person has stable employment,
strong community ties
● Aboriginal people
● When consecutive sentences are imposed, combined sentences
shouldn’t be too harsh
Goals of Sentencing:
1. Utilitarian
● General deterrence- to discourage the general public of committing a crime
● Specific deterrence- to discourage the individual from committing a crime
● Rehabilitation
find more resources at oneclass.com
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October 24, 2017
○ Allowing offender to re-enter society
● Incapacitation
○ Remove the offender from society given their high level of danger
2. Retributive (focus on the past)
● Denunciation
○ To denounce behaviour
● Retribution
○ An eye for an eye
● Proportionality
3. Restorative
● Crime harms victim, offender, community
● Victim-offender mediation, circle sentencing
○ Used sparsely in Canada, mainly in small communities (particularly
Aboriginal communities)
○ Systems aim to provide alternative to criminal justice system
○ Recognizes that crime harms everyone
Sentencing Options:
● Discharges
○ Absolute
■ Found guilty but not convicted and released with no record
○ Conditional
■ Found guilty and released on conditions
● Sentences
○ Suspended
■ Convicted, but sentence is suspended pending successful completion of
parole
○ Intermittent
■ Sentenced to jail, but served on weekends and otherwise subject to
conditions
○ Conditional
■ Sentenced to confinement, but served in the community under
supervision
● Fine
○ Must pay money within a set amount of time or face default and imprisonment
● Probation
○ Placed under supervisions in the community and must adhere to conditions
● Imprisonment
○ Sentenced to a period of confinement
Types of Sentences:
● Concurrent
○ Sentences that are amalgamated and served simultaneously
● Consecutive
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Section 718. 1 fundamental principle of sentencing i. e. proportionality. Sentence should be proportionate between the severity of the offence and the offender"s level of responsibility. Aggravating factors- might be taken into account to increase sentence. Evidence that the offence was motivated by bias, religion, gender, sex, etc. (hate crime) Evidence that the offender abused authority or trust of the victim. Evidence that the offence had a significant impact on the victim (health) Evidence that the offence was committed for the benefit of an organized crime. Evidence that the offence was a terrorism offence. Evidence that the offence was committed while the offender was on parole. Evidence if a person abused a youth (under 18 years old) Mitigating factors- might be taken into account to provide a more lenient sentence. Judges look at younger offenders and their capacity for rehabilitation. Overall character- whether the person has stable employment, strong community ties. When consecutive sentences are imposed, combined sentences shouldn"t be too harsh.
