LAWS 4308 Final: exam review
17 Apr 2018
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Document Summary
The role of the crown in a criminal proceeding is to ask on behalf of the public duty to ensure societal protection from those who may harm the societal values of that community. Aggravating and mitigating factors (must be proved beyond a reasonable doubt) aggravating factors use of a weapon cruelty. No prior criminal record the first adult conviction gap in criminal record prior good character employment record plea of guilt (acknowledges responsibility) remorse and acceptance of responsibility. Post offense rehab efforts restitution cooperation with the authorities duress or provocation evidence of impairment disadvantaged background. The totality principle states that the total effect of consecutive sentences cannot produce excessive punishment regardless of the number of offenses. The kienapple principle applies only where there is sufficient factual nexus between two charges and a legal nexus between the offenses themselves. This states that an offender should not be convicted of two charges which concern the same matter. (ex.
