CRM 3319 Lecture Notes - Lecture 20: Adversarial System, Victim Impact Statement, Presentence Investigation Report
29 Nov 2016
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The sentencing hearing (and sentencing) always takes place after a finding of guilt (and usually after a conviction is entered) The judge imposes sentence based on the facts disclosed at trial and/or during the sentencing hearing. 720(1), sentencing is to be conducted as soon as practicable after a finding of guilt. But, with the consent of the parties, the court may delay sentencing to allow for participation in treatment (i. e. therapeutic courts of treatment programs) There is a requirement for the judge to give reasons for the (any) sentence and to enter those reasons into the record (s. 726. 2) The use of hearsay evidence is subject of the credible and trustworthy test from the. Gardiner case: what the witness heard someone say about the situation, no direct observation of the person. 723(5) codification that hearsay is admissible, but the court may compel a person to testify where the person has direct/personal knowledge of the matter, etc.
