Deciding on a Punishment

Sentencing is a difficult job for a Judge. There is much at stake.

Safety of society

Freedom of the offender

Economic well being of offender’s family

The desire of the victim, or the victim’s family.

The Judge tries to find out as much about the offender and the crime as possible.

The Judge makes use of a pre-sentence report which is prepared by a Probation Officer.

A Pre-Sentence Report

Is prepared by a Probation Officer when asked by “The Court” prior to sentencing of a person found guilty of a crime.

A Pre-Sentence Report The Probation Officer researches a convicted

person’s background in a number of areas that include …

Charges, lawyers, Judge, etc. Personal data (address, etc.) Court information Previous criminal record Education Employment Assessment (physical, emotional, psychiatric,

etc.)

A Pre-Sentence Report

The Probation Officer also provides his/her assessment of the convicted person.

All of these factors – including other factors relating to the offence committed – are considered by the Judge prior to sentencing.

Sentencing Factors

The Federal government set up the Canadian Sentencing Commission to make recommendations that would improve sentencing.

The following is a list of factors which Judges take into consideration when Sentencing:

Number of victims

Number of incidents

Was the offender young or elderly?

Was the offender physically or mentally impaired?

The offence involved actual, or threatened, violence; or the actual use of a weapon or an imitation weapon.

The offender has previous convictions.

The offender was excessively cruel to the victim.

The victim provoked the violence.

The offender has made restitution to the victim.

The victim was vulnerable due to age, infirmity, etc.

The offender played a relatively minor role in the offence.

The offence was planned, or part of a criminal activity

The offence was a breach of trust. That is, a person in a trusted position used that position to take advantage of the victim.

The offender was under stress.

The victim suffered substantial financial loss.

These factors can be divided into two categories:

Aggravating Factors: Things that would increase the

sentence.

Mitigating Factors: Things that would decrease the

sentence.

Create a chart which lists the Aggravating Factors in one column,

and the Mitigating Factors in another column.

Aggravating Factors:

Mitigating Factors: