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Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"

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The judge will sentence the accused after a conviction or guilty plea. However, the judge will ask for submissions on sentencing from both sides regarding the offence and the offender. The defence/accused and Crown should be prepared to address sentencing immediately following a trial. This is briefer than sentencing submissions for a guilty plea. Alternatively, the Crown or defence/accused may adjourn the matter for sentencing on application. But such an application will be granted only if there are valid reasons for counsel to ask for more time to prepare or if a pre-sentence report is requested.  
The judge will sentence the accused after a conviction or guilty plea. However, the judge will ask for submissions on sentencing from both sides regarding the offence and the offender. The defence/accused and Crown should be prepared to address sentencing immediately following a trial. This is briefer than sentencing submissions for a guilty plea. Alternatively, the Crown or defence/accused may adjourn the matter for sentencing on application. But such an application will be granted only if there are valid reasons for counsel to ask for more time to prepare or if a pre-sentence report is requested.  
Judges have broad discretion in imposing most sentences – depending on the specific offence, whether it is provincial or federal, and whether it is summary or indictable.  See '''Section VI: Resolving the Matter Prior to Trial''', above, for more information on types of sentences a judge can order.
Judges have broad discretion in imposing most sentences – depending on the specific offence, whether it is provincial or federal, and whether it is summary or indictable.  See '''Section VI: Resolving the Matter Prior to Trial''', for more information on types of sentences a judge can order.




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