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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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How to Prepare For and Conduct a Non-custodial Sentencing Hearing as a Law Student (1:App D) (view source)
Revision as of 21:57, 29 July 2021
, 21:57, 29 July 2021no edit summary
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==Procedure (after the Crown has made submissions)== | ==Procedure (after the Crown has made submissions)== | ||
Tell the judge what the defence is seeking in terms of a sentence. | 1. Tell the judge what the defence is seeking in terms of a sentence. | ||
Tell the judge whether the defence is in agreement with the Crown’s sentencing position in terms of the sentence, the length, and conditions. | 2. Tell the judge whether the defence is in agreement with the Crown’s sentencing position in terms of the sentence, the length, and conditions. | ||
If the defence is not in complete agreement with the Crown position tell the judge: | 3. If the defence is not in complete agreement with the Crown position tell the judge: | ||
* Which additional facts are relevant to the client; and | * Which additional facts are relevant to the client; and | ||
* Which portions of the Crown sentencing position are in dispute (such as the sentence, length & conditions). Note: Formal fact disputes are to be made through s. 721 of the Criminal Code. | * Which portions of the Crown sentencing position are in dispute (such as the sentence, length & conditions). Note: Formal fact disputes are to be made through s. 721 of the Criminal Code. | ||
Briefly review the accused person’s background. | 4. Briefly review the accused person’s background. | ||
Briefly discuss the effect of the crime on the accused and the changes made as a result. | |||
Review why some of the conditions sought by Crown may not be necessary. | 5. Briefly discuss the effect of the crime on the accused and the changes made as a result. | ||
Tell the judge that the accused is extremely remorseful and embarrassed by the incident (if you have instructions from the client to say that). | |||
Review what the defence is seeking and why it satisfies the principles of sentencing as set out in section 718 of the Criminal Code. | 6. Review why some of the conditions sought by Crown may not be necessary. | ||
7. Tell the judge that the accused is extremely remorseful and embarrassed by the incident (if you have instructions from the client to say that). | |||
8. Review what the defence is seeking and why it satisfies the principles of sentencing as set out in section 718 of the Criminal Code. | |||
==Sentencing Submissions Script== | ==Sentencing Submissions Script== | ||
