Difference between revisions of "How to Prepare For and Conduct a Non-custodial Sentencing Hearing as a Law Student (1:App D)"

# Crown calls the case.

# Introduce oneself– go up to the counsel table (and motion for the accused to stand beside you) – “Your Honour, my name is Jane Doe, last name spelt D-O-E. I am a law student and with the court’s leave I represent John Smith, who is present before the court.” – Get the accused to stand up from where they are seated.  If they are in the gallery get them to cross the bar to stand beside the counsel’s seat.

Explain why the defence is here – “Your Honour, this matter is before the Court today for guilty plea and sentencing on counts 2 and 3 of the information, and we are ready to proceed”.

Waive the Formal Reading of the Information - “Your honour we waive the formal reading of the information”.  

Continue on and say, “and Mr. Smith wishes to enter a guilty plea to Counts 2 and 3 of the Information.  

If there are concerns about the accused person’s ability to understand the process, the student should instead state, “I ask that the charge be formally read to Mr. Smith”.  

The Court will then read the charge to the accused and ask the accused to enter their plea, plus the questions required by s 606(1.1). This should only be done in rare cases where the accused is seriously mentally ill, changing instructions and throwing up red flags and the student need to protect themselves in case the client tries to withdraw their guilty plea in the future.

(The student and the accused can sit down at this point in time). Crown will read in the facts, state Crown’s sentencing position and make submissions as to why their position is fit and appropriate in the circumstances.  

Defence submissions – The student should stand when making submissions and the accused can remain seated. It depends on one’s style, and each case and each submission is different, but they should have the following contents and in approximately this order: