CRM 3325 Study Guide - Midterm Guide: Statutory Interpretation, Lifesaving, Circular Reasoning

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Document Summary

Three sentencing scenarios taken from real cases reported this year in the local news: Basic facts: a former town councillor sentenced to five years in the death of her husband, she had been on trial for first-degree, crown prosecutors accused her of administering a lethal cocktail of drugs. The sentencing decision is not made by the jury; it is made by the judge. When we figure out what the conviction is, we can figure out what the minimum/maximum sentence/penalty. Offence, maximum penalty and minimum penalty (if any: accused pled guilty to manslaughter. Manslaughter s. 236 every person who commits manslaughter is guilty of an indictable offence and liable (b) to imprisonment for life: liable to = up to, for manslaughter, you can get anything from zero to life. The judge is given an extremely broad discretion. They do not hear many cases, but there is guidance through case laws.

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