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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)
Revision as of 12:43, 25 August 2022
, 12:43, 25 August 2022→E. Sentencing hearing
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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. | ||
Prior to the sentencing hearing the accused and counsel for the accused should review the Report to Crown Counsel to determine whether they agree with the circumstances of the offence as set out in that document. The Report to Crown Counsel is typically where crown counsel will read/summarize the facts of the offence from. If the accused person disagrees with a material aggravating fact summarized in the Report to Crown Counsel, that disagreement should be canvassed with | Prior to the sentencing hearing the accused and counsel for the accused should review the Report to Crown Counsel to determine whether they agree with the circumstances of the offence as set out in that document. The Report to Crown Counsel is typically where crown counsel will read/summarize the facts of the offence from. If the accused person disagrees with a material aggravating fact summarized in the Report to Crown Counsel, that disagreement should be canvassed with Crown Counsel and, where the parties cannot agree, the party seeking to establish that (aggravating or mitigating) fact must present evidence of the disputed facts (see s. 724 of the Criminal Code for how the court determines disputed facts). Note: Sometimes this needs to be done in the moment where crown counsel summarizes an aggravating fact and the accused and their counsel realizes only then that the aggravating fact is not agreed to. | ||
For serious offences, prior to the actual sentencing hearing the accused or counsel for the accused should consider whether the guilty person would benefit from seeking a Pre-Sentence Report under s. 721 of the ''Criminal Code''. A Pre-Sentence Report can only be ordered after a guilty plea or finding is made. It is prepared by probations, and is considered a “neutral third party” report It is a formal report and can help or harm the interests of the accused. If the accused is experiencing mental health issues, the Pre-Sentence Report can include a psychological report. A favourable psychological report can reduce an accused’s eventual prison sentence. A psychological disorder that makes a person more likely to lose control of their emotions or impulses mitigates the moral culpability of an offender for offences where that emotion or impulse contributed to the occurrence of the offence. Where an accused person desires to obtain a psychological opinion they should consider obtaining a private psychological report from a psychologist of the guilty person’s choosing instead of a Pre-Sentence Report with a psychological component. A private psychological report commissioned by the accused person or their counsel has the advantage of being legally privileged and is only disclosed if it helps the accused. This avoids the possibility that exists with a Pre-Sentence Report that the contents of that report will suggest that the offender has limited prospects of rehabilitation, thereby supporting a lengthier custodial sentence. | For serious offences, prior to the actual sentencing hearing the accused or counsel for the accused should consider whether the guilty person would benefit from seeking a Pre-Sentence Report under s. 721 of the ''Criminal Code''. A Pre-Sentence Report can only be ordered after a guilty plea or finding is made. It is prepared by probations, and is considered a “neutral third party” report It is a formal report and can help or harm the interests of the accused. If the accused is experiencing mental health issues, the Pre-Sentence Report can include a psychological report. A favourable psychological report can reduce an accused’s eventual prison sentence. A psychological disorder that makes a person more likely to lose control of their emotions or impulses mitigates the moral culpability of an offender for offences where that emotion or impulse contributed to the occurrence of the offence. Where an accused person desires to obtain a psychological opinion they should consider obtaining a private psychological report from a psychologist of the guilty person’s choosing instead of a Pre-Sentence Report with a psychological component. A private psychological report commissioned by the accused person or their counsel has the advantage of being legally privileged and is only disclosed if it helps the accused. This avoids the possibility that exists with a Pre-Sentence Report that the contents of that report will suggest that the offender has limited prospects of rehabilitation, thereby supporting a lengthier custodial sentence. | ||
