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Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"
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Resolving Criminal Matters Prior to Trial (1:VI) (view source)
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The judge also has discretion to credit an accused with any time spent in custody as a result of the charges. | The judge also has discretion to credit an accused with any time spent in custody as a result of the charges. | ||
== | == E. Sentencing hearing == | ||
Before a sentence is given, the accused, or counsel for the accused, must be permitted to “speak to sentence” and make submissions to the judge that could affect the sentence. This is done primarily through counsel’s submissions. | Before a sentence is given, the accused, or counsel for the accused, must be permitted to “speak to sentence” and make submissions to the judge that could affect the sentence. This is done primarily through counsel’s submissions. | ||
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:'''NOTE:''' In cases of '''Aboriginal offenders''', reference must be made to section 718.2(e) and the principles enunciated in ''[https://www.canlii.org/en/ca/scc/doc/1999/1999canlii679/1999canlii679.html?searchUrlHash=AAAAAQAKciB2IGdsYWR1ZQAAAAAB&resultIndex=1 R v Gladue]'', [1999] 1 SCR 688 | :'''NOTE:''' In cases of '''Aboriginal offenders''', reference must be made to section 718.2(e) and the principles enunciated in ''[https://www.canlii.org/en/ca/scc/doc/1999/1999canlii679/1999canlii679.html?searchUrlHash=AAAAAQAKciB2IGdsYWR1ZQAAAAAB&resultIndex=1 R v Gladue]'', [1999] 1 SCR 688 | ||
== | == F. Types of sentences == | ||
=== 1. Absolute or conditional discharge === | === 1. Absolute or conditional discharge === | ||
