LAW 602 Lecture Notes - Lecture 9: Summary Offence, Indictable Offence, White-Collar Crime
24 Feb 2020
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Overview: accused to be sentenced only in event of finding of guilt, sentencing process also has rules of evidence, procedural protections. Parties allowed to call evidence, make submissions on sentence. Crown may allege aggravating factors to increase sentence, eg. , previous record, motivation of greed: factors that increase the severity or culpability of a criminal act. Defence may argue mitigating factors to decrease sentence, eg. , plea of guilty, remorse: steps taken by accused that would result in reduced charges or a lesser sentence. 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. Probation or parole officer collecting information: matter of sentence is determined by judge only, parties have right to appeal conviction and or sentence.
