SOC346H5 Chapter Notes -Mitigating Factor, Presentence Investigation Report
Document Summary
The sentencing hearing: establishing the factual basis for sentencing. Crown counsel, as well as making submissions about the offence, will submit a criminal record, if one exists and is relevant. Defence counsel will provide the court with information about the offender by submissions, often supported by letters which will be filed as exhibits to the sentencing hearing. It is important that the judge know the position of the respective counsel especially on whether the sanction should be community-based or custodial. Background information about offenders, an antecedent report is prepared for the court. These reports are expected to contain the following: Age, educational background, previous and present employment. Date of arrest, and whether in custody or out on bail. Brief statement of family or domestic circumstances. Section 723(1) requires the sentencing judge to provide both the offender and the prosecutor with an opportunity to make submissions with respect to any facts relevant to the sentence to be imposed .
