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

Resolving Criminal Matters Prior to Trial (1:VI) (view source)

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 === 1. Speaking to sentence (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. After hearing Crown recommendations and then defence submissions, the judge will give a sentence. For more on the substance and procedure of speaking to sentence,  see [[How to Prepare For and Conduct a Sentencing Hearing (1:App D) | Appendix D: How to Prepare for and Conduct a 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. After hearing Crown recommendations and then defence submissions, the judge will give a sentence. For more on the substance and procedure of speaking to sentence,  see [[How to Prepare For and Conduct a Sentencing Hearing (1:App C) | Appendix C: How to Prepare for and Conduct a Sentencing Hearing]].
 It is important to ''consult sections 718 and 718.2 of the Criminal Code'' for the principles in sentencing  that  the  judge  will  consider,  ''and  address  these  issues  when  drafting  your submissions''. One should also read up to section 743.1 of the ''Criminal Code'' before any sentencing hearing.