Difference between revisions of "How to Prepare For and Conduct a Non-custodial Sentencing Hearing as a Law Student (1:App D)"
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Determine the available sentence and the appropriate range of sentence. Review sections 720-729 of the Criminal Code and, in particular, section 718. | Determine the available sentence and the appropriate range of sentence. Review sections 720-729 of the Criminal Code and, in particular, section 718. | ||
Determine the Crown’s position on sentence – consider whether: | Determine the Crown’s position on sentence – consider whether: | ||
* There is anything the accused could demonstrate to cause the Crown to soften its position; and / or | * There is anything the accused could demonstrate to cause the Crown to soften its position; and / or | ||
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* Restrictions placed upon the client pursuant to the release (bail) order; and | * Restrictions placed upon the client pursuant to the release (bail) order; and | ||
* Loss of employment or loss of license (if there was a driving offence) or other events which have caused hardship to the accused. | * Loss of employment or loss of license (if there was a driving offence) or other events which have caused hardship to the accused. | ||
Consider the facts of the offence as it relates to our client: | Consider the facts of the offence as it relates to our client: | ||
* The accused person's role in the offence (i.e., follower or under the influence of others); | * The accused person's role in the offence (i.e., follower or under the influence of others); | ||
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* Accused person’s limited or diminished intelligence or emotional instability; and | * Accused person’s limited or diminished intelligence or emotional instability; and | ||
* Any changes made by the accused such as counselling or other treatment. | * Any changes made by the accused such as counselling or other treatment. | ||
Collect reference letters or letters of employment. Make 2 copies of each and confirm with the writers of the letter that the letters are authentic. The letters must state that the writer is aware of the criminal charges. | Collect reference letters or letters of employment. Make 2 copies of each and confirm with the writers of the letter that the letters are authentic. The letters must state that the writer is aware of the criminal charges. | ||