LAW 602 Lecture Notes - Lecture 9: White-Collar Crime, Summary Offence, Indictable Offence
17 Apr 2017
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Accused to be sentenced only in event of finding of guilt. Mitigating factor usually in the defendant"s favour: defendant may personally address court prior to sentence being imposed. Judge may have range of possible penalties to choose from, such as jail, fine, probation, community service. Judge may be assisted by pre-sentence report about defendant, views of victims, good character letters. Matter of sentence is determined by judge only: individualized sentencing it"s up to the judge to craft a sentence that is appropriate for the defendant; may use factors (i. e. guideline sentencing) Parties have right to appeal conviction and or sentence. White collar crime is form of fraud involving business, stealing or placing at risk companies, investors, business interests treated as one kind of fraud. Punishment for fraud: where subject matter of offence exceeds , indictable offence, liable to imprisonment of up to 14 years.
