CRM 3319 Lecture 99: CRM3319 - Sentencing - All Lecture Notes
17 Oct 2017
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Scenario #1: basic facts , former town councillor sentenced to ve years in the death of her husband, she had been on trial for rst-degree, crown prosecutors accuses her of administering a lethal cocktail of drugs. Need to know the offence, maximum penalty and minimum penalty (if any): Mandatory sentence means has to be granted that sentence, no choice. Prosecution and defence presented a joint submission" for an 8yr. sentence. In our jurisdiction, the judge is not bound by a joint submission, he/she can do whatever he/she wants when it come to a sentence. This offender was released to a transitional house for women. The judge gave her 3 yrs. credit for this. So joint submission = 8, 3 yrs. credit = 5 years conviction for manslaughter. Aggravating : factor that tends to suggest a higher degree of fault, blameworthy ness. A fact that proves the contrary, proves their is no fault.
