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Resolving Criminal Matters Prior to Trial (1:VI): Difference between revisions

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There tend to be two broad strategies for presenting a client’s circumstances. With first time offenders this typically involves presenting the lead-up to the offence as a unique set of unusual circumstances that caused a  momentary and exceptional loss of control,  and  then  showing what has changed in the life of the client to avoid a similar set of unusual and exceptional circumstances.  Students should seek to show the court that the problem has already been cured and will not recur, and that a harsh sentence is unnecessary. With repeat offenders, it is more strategic to present the disadvantageous life circumstances, such as lack of family support or lack of employment/educational opportunities, which may have contributed to the offence being committed.  Students should then show that the offender has changed his or her outlook and is seeking to turn their lives around.  This involves in part an understanding of the client's situation, and an understanding of the severity of the offence.
There tend to be two broad strategies for presenting a client’s circumstances. With first time offenders this typically involves presenting the lead-up to the offence as a unique set of unusual circumstances that caused a  momentary and exceptional loss of control,  and  then  showing what has changed in the life of the client to avoid a similar set of unusual and exceptional circumstances.  Students should seek to show the court that the problem has already been cured and will not recur, and that a harsh sentence is unnecessary. With repeat offenders, it is more strategic to present the disadvantageous life circumstances, such as lack of family support or lack of employment/educational opportunities, which may have contributed to the offence being committed.  Students should then show that the offender has changed his or her outlook and is seeking to turn their lives around.  This involves in part an understanding of the client's situation, and an understanding of the severity of the offence.


:'''Note:''' In cases of ''Aboriginal offenders'', reference must be made to section 718.2(e) and the principles enunciated in ''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 ''R v Gladue'', [1999] 1 SCR 688.


== E.Types of sentences ==
== E.Types of sentences ==