Difference between revisions of "How to Prepare For and Conduct a Non-custodial Sentencing Hearing as a Law Student (1:App D)"

# 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:

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.

# Consider any mitigating or aggravating factors.  The following are some mitigating factors:

Early plea of guilt;

Pre-trial custody attributed to this offence;

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.

# 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);

Offence was the result of a spontaneous event;

Incident was an isolated occurrence;

Absence of property loss;

Absence of injuries or full recovery from injuries;

Motive (i.e., for property offences, the items obtained were necessities);

Previous and/or subsequent positive relationship with the victim;

Accused person’s state of mind at the time of offence;

Mental illness short of not criminally responsible;

Alcohol or drug involvement, particularly if addiction present;

Accused person’s limited or diminished intelligence or emotional instability; and

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.