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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 21:55, 29 July 2021
, 21:55, 29 July 2021no edit summary
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{{LSLAP Manual TOC|expanded = criminal}} | {{LSLAP Manual TOC|expanded = criminal}} | ||
Determine the available sentence and the appropriate range of sentence. Review sections 720-729 of the Criminal Code and, in particular, section 718. | 1. Determine the available sentence and the appropriate range of sentence. Review sections 720-729 of the Criminal Code and, in particular, section 718. | ||
Determine the Crown’s position on sentence – consider whether: | 2. Determine the Crown’s position on sentence – consider whether: | ||
* There is anything the accused could demonstrate to cause the Crown to soften its position; and / or | * There is anything the accused could demonstrate to cause the Crown to soften its position; and / or | ||
* A delay of the hearing would be advantageous to the accused. | * A delay of the hearing would be advantageous to the accused. | ||
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* Loss of employment or loss of license (if there was a driving offence) or other events which have caused hardship to the accused. | * Loss of employment or loss of license (if there was a driving offence) or other events which have caused hardship to the accused. | ||
Consider the facts of the offence as it relates to our client: | 3. Consider the facts of the offence as it relates to our client: | ||
* The accused person's role in the offence (i.e., follower or under the influence of others); | * The accused person's role in the offence (i.e., follower or under the influence of others); | ||
* Offence was the result of a spontaneous event; | * Offence was the result of a spontaneous event; | ||
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* Any changes made by the accused such as counselling or other treatment. | * Any changes made by the accused such as counselling or other treatment. | ||
Collect reference letters or letters of employment. Make 2 copies of each and confirm with the writers of the letter that the letters are authentic. The letters must state that the writer is aware of the criminal charges. | 4. Collect reference letters or letters of employment. Make 2 copies of each and confirm with the writers of the letter that the letters are authentic. The letters must state that the writer is aware of the criminal charges. | ||
==Procedure (after the Crown has made submissions)== | ==Procedure (after the Crown has made submissions)== | ||