• From the perspective of our current govt. – judging is judicial discretion
• Criminal code outlines substantive law – prohibits a particular type of behavior. The
behavior is always related to some harm. And we know that those harms range in
severity. They range from summary convictions/offences to the most serious indictable
and in between we have hybrid offences. The hybrid offence is an offence that the
prosecuting has the discretion to choose whether or not or whatever reason to proceed
in a summary fashion or as a indictable offence. Is this in the publics interest?
• Indictable offences require varying degrees of intent where the crown has to prove either
objective intent or subjective intent. The greater the severity of the crime, the greater the
onus is on the crown to prove subjective intent. This person, person x is culpable guilty
mind, the onus is greater when we have to prove subject intent because the punishment
is greater. The greater the sentence, the greater the punishment, the greater the stigma,
the greater the onus there is to prove moral guilt.
• If someone is being accused of assault, assault requires that crown proves objective
• Every piece of substantive law comes with sentencing options; like cases should be
• There should be minimum mandatory sentences; judge has no discretion.
• If you are caught with a firearm, you will be sentenced for three years in prison,
regardless of who you are.
• Reemphasized the priority of the victim and deemphasizing the priority of the offender
• During sentencing the crown must remain impartial, dispassionate, which means that the
prosecution must display a lack of concern.
• Individualization of sentencing option. No two precedings will be exactly the same. While
justice should be neutral it also must be able to respond to the specifics of the case it is
dealing with. Law is a rule that is general and must be applied to a specific case.
• The fundamental purpose of sentencing is to contribute to law. Sentencing along with
crime prevention initiatives should contribute to the maintenance of a safe and peaceful
society by imposing sanctions. What are the objectives of punishing people? Sanction is
deprivation of somebody’s liberty. • Sentencing process is defined to reject the impulse to treat criminal justice as an
instrument of revenge.
• Sentencing is there to denounce unlawful behavior. We deprive people of their liberty for
their actions because we believe those actions are harmful. More specifically, sentences
have to communicate something to the public. This type of behavior will be dealt with in
a consistent manner. Even while sentences can be tailored, people who commit these
offences could expect sentences that could be tailored.
• Deterrence functions in two ways; set an example for people. Deterring other people
from committing similar offences. More practically we are deterring you from taking you
off the streets.
• Remove offenders from society WHEN necessary. A deprivation of liberty should be
treated as the last resort.
• The majority of people sentenced to prison wil not spend majority of their time in