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:
* a. There is anything the accused could demonstrate to cause the Crown to soften its position; and / or
a. There is anything the accused could demonstrate to cause the Crown to soften its position; and / or
* b. A delay of the hearing would be advantageous to the accused.
b. A delay of the hearing would be advantageous to the accused.
# Consider any mitigating or aggravating factors.  The following are some mitigating factors:
# Consider any mitigating or aggravating factors.  The following are some mitigating factors:
* Early plea of guilt;
Early plea of guilt;
* Pre-trial custody attributed to this offence;
Pre-trial custody attributed to this offence;
* 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);
* Offence was the result of a spontaneous event;
Offence was the result of a spontaneous event;
* Incident was an isolated occurrence;
Incident was an isolated occurrence;
* Absence of property loss;
Absence of property loss;
* Absence of injuries or full recovery from injuries;
Absence of injuries or full recovery from injuries;
* Motive (i.e., for property offences, the items obtained were necessities);
Motive (i.e., for property offences, the items obtained were necessities);
* Previous and/or subsequent positive relationship with the victim;
Previous and/or subsequent positive relationship with the victim;
* Accused person’s state of mind at the time of offence;
Accused person’s state of mind at the time of offence;
* Mental illness short of not criminally responsible;
Mental illness short of not criminally responsible;
* Alcohol or drug involvement, particularly if addiction present;
Alcohol or drug involvement, particularly if addiction present;
* 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.


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