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LWSO 203 (56)
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Peter McKenzie.docx

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Department
Law and Society
Course
LWSO 203
Professor
Marywyatt Sindlinger
Semester
Winter

Description
Peter McKenzie Courtroom 306 in the AM (watching sentencing) Email : [email protected] Adult Sentencing  Organized crime  Child Exploitation/Porn  Informal/Formal Sentencing Procedures  Formal Sentencing  Discharge – not left with a criminal record; you take responsibility for what you did  Absolute or Temporary or Curative Discharge  Suspended Sentence – on probation for a period of time and if you do what you’re supposed to, that’s the end of it  Fine  Incarceration within provincial range (2 years or lower). Probation available here too. House arrest  Incarceration (Federal Time) – more than 2 years; more serious crimes Sentencing principles  Six sentencing principles  1 – denounce unlawful conduct  2 – deter the offender  Case: gledeau – important b/c judges consider what impact the past had on first nations and it might impact sentencing, and also when you’re dealing with offenders in pr. Range you need to consider all other options for sentencing  4 - Assist and rehabilitate offenders  5 – provide reparations to victims (compensation or community service hours)  6 – promote a sense of responsibility for offenders Tom  charged with impaired driving (alcohol level above .8)  Tom’s third drinking and driving offence for ten years  Sentencing goes up for your second/third offenses  If you can prove to the court you’ve been working on getting better, your sentencing goes down  Was not a check stop – he was going on the wrong side and cars avoided him (2.5 alcohol level)  Aggravating facts – alcohol limit, repeated pattern of drinking  He pleaded guilty and wanted to get help (psychological assessment – was a professional hockey player so he adopted a drinking culture, candidate for residential treatment program). Judge looked at this and gave him a discharge (he didn’t have t
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