5,109
edits
Line 2: | Line 2: | ||
{{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. | |||
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 | |||
* A delay of the hearing would be advantageous to the accused. | |||
Consider any mitigating or aggravating factors. The following are some mitigating factors: | |||
Early plea of guilt; | * Early plea of guilt; | ||
Pre-trial custody attributed to this offence; | * Pre-trial custody attributed to this offence; | ||
Restrictions placed upon the client pursuant to the release (bail) order; and | * Restrictions placed upon the client pursuant to the release (bail) order; and | ||
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: | |||
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; | ||
Incident was an isolated occurrence; | * Incident was an isolated occurrence; | ||
Absence of property loss; | * Absence of property loss; | ||
Absence of injuries or full recovery from injuries; | * Absence of injuries or full recovery from injuries; | ||
Motive (i.e., for property offences, the items obtained were necessities); | * Motive (i.e., for property offences, the items obtained were necessities); | ||
Previous and/or subsequent positive relationship with the victim; | * Previous and/or subsequent positive relationship with the victim; | ||
Accused person’s state of mind at the time of offence; | * Accused person’s state of mind at the time of offence; | ||
Mental illness short of not criminally responsible; | * Mental illness short of not criminally responsible; | ||
Alcohol or drug involvement, particularly if addiction present; | * Alcohol or drug involvement, particularly if addiction present; | ||
Accused person’s limited or diminished intelligence or emotional instability; and | * Accused person’s limited or diminished intelligence or emotional instability; and | ||
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. | |||
==Procedure (after the Crown has made submissions)== | ==Procedure (after the Crown has made submissions)== |
edits