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# 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 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: | # Determine the Crown’s position on sentence – consider whether: | ||
a. There is anything the accused could demonstrate to cause the Crown to soften its position; and / or | |||
b. A delay of the hearing would be advantageous to the accused. | |||
# Consider any mitigating or aggravating factors. The following are some mitigating factors: | # Consider any mitigating or aggravating factors. The following are some mitigating factors: | ||
Early plea of guilt; | |||
Pre-trial custody attributed to this offence; | |||
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. | |||
# Consider the facts of the offence as it relates to our client: | # 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); | |||
Offence was the result of a spontaneous event; | |||
Incident was an isolated occurrence; | |||
Absence of property loss; | |||
Absence of injuries or full recovery from injuries; | |||
Motive (i.e., for property offences, the items obtained were necessities); | |||
Previous and/or subsequent positive relationship with the victim; | |||
Accused person’s state of mind at the time of offence; | |||
Mental illness short of not criminally responsible; | |||
Alcohol or drug involvement, particularly if addiction present; | |||
Accused person’s limited or diminished intelligence or emotional instability; and | |||
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. | # 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. | ||
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