Jump to content

Sentencing Checklist

From Criminal Law Notebook

Publication Bans

Documentation

  • ASF
  • Victim Impact Statement and community/family impact statement; if missing evidence of victim notice
  • Reports: Pre-Sentence Report (PSR), Gladue Report, IRCA Report
  • Expert Report: Sexual Behaviour Assessment (723 ordered referral)
  • Criminal Record

Principles

  • Proportionality - Offence + Offender
  • Statutory sentencing principles:
    • primacy of denunciation and deterrence (child victim: 718.01; IPV: 718.201;
Range
  • identify Crown election, minimum and maximum penalties
Aggravating Factors - Nature of Offence
Aggravating Factors - Nature of Relationship between Offender and Victim
Aggravating Factors - Circumstances of Victim and their family
Aggravating Factors - Nature of Relationship between Offender and Victim


Calculation of Penalty -- Consecutive or Concurrent
Conditions for Probation and/or CSO
Ancillary Orders


Long Term Offender / Dangerous Offender Orders