Textbook Notes (363,177)
Canada (158,245)
Sociology (1,471)
SOC346H5 (14)


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University of Toronto Mississauga
Nicole Myers

Readings Ch. 8 The Sentencing Hearing: Establishing The Factual Basis For Sentencing Overview of The Process  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. Evidence & The Sentencing Hearing  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  Previous convictions and sentences  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”  Followed by section 723(2) which provides that the sentencing judge “shall hear any relevant evidence presented by the prosecutor or the offender”  The language is mandatory and should ensure due consideration for submitted material  Section 723(2) does not simply say that the judge will hear relevant evidence but adds the qualification “presented by the prosecutor or the offender,” it confirms that only these two parties have standing at the sentencing hearing  Section 723(5) confirms the judge’s ability to reject material, whether there is a challenge to it or not, if not satisfied that it meets this threshold  Sections 723 (3) and (4) give additional new powers to sentencing judges which, while useful, have produced controversy over their scope. They provide:  The court may, on its own motion, after hearing argument from the prosecutor and the offender, require the production of evidence that would assist it in determining the appropriate sentence  Where it is necessary in the interests of justice, the court may after consulting the parties, compel the appearance of any person who is a compellable witness to assit the court in determining the appropriate sentence  While sub-section (3) empowers the court to require the production of any evidence in whatever form, sub-section (4) is restricted to compelling viva voce evidence after consulting the parties  The adversary system usually relies on the parties to control the evidence placed before the court The 1996 Amendments and The Burden of Proof  Section 724(1) of the Criminal Code provides that, for sentencing purposes, “a court may accept as proved any information disclosed at trial or at the sentencing proceedings and any facts agreed on by the prosecutor and the offender”  724(3), a general provision which dea
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