CRM 3319 Lecture Notes - Lecture 14: Suspended Sentence, Canadian Police Information Centre, Critical Role

• School: University of Ottawa
• Department: Criminology
• Course: CRM 3319
• Professor: Howard Bebbington

Document Summary

When crown and defence counsel agree to recommend a particular sentence to the judge, in exchange for the accused entering a plea of guilty. Both accepted and acceptable means of plea resolution. Vital to the efficient operation of the criminal justice system. The test is whether the proposed sentence would bring the administration of justice into disrepute or would otherwise be contrary to public interest. Takes you right out of the system entirely. Enabling where only the provinces provide resources and programs that they exist. Not available for offences with: a minimum penalty, or, a maximum penalty of 14 years or life. Test (s. 730(1)): in order to grant a discharge, it must be in the best interests of the accused and not contrary to the public interest . Caselaw indicates that, among other things, specific deterrence is relevant to the first part of the test and general deterrence is relevant to the second, although certainly not determinative.