LS202 Lecture Notes - Lecture 22: Extenuating Circumstances, Suspended Sentence, Conditional Sentence
1 Apr 2016
School
Department
Course
Professor
Document Summary
Overall goal -- criminal code s. 718, sentences must. Contribute [] to respect for the law and the maintenance of a just, peaceful and safe society. Accomplished through s. 718(a) (f): denounce unlawful conduct: A sentence with a denunciatory element represents a symbolic, collective statement that the ofender"s conduct should be punished for encroaching on our society"s basic code of values. Example: minimum life sentence for murder; custodial sentences preferred for domestic violence ofences, vs. restorative measures when possible: deter unlawful conduct: Individual ofender (imprisonment, treatment / education: separate: Parliament provides guidance in terms of maximums and minimums, but sentencing is a matter of judicial discretion. The trial judge knows the facts of the case, the role of the ofender in the crime, and any aggravating or mitigating circumstances surrounding the ofence. Judges, in turn, consider the following four principles when determining individual sentences: prortionality:
