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Sentencing for Fraud Over $5,000 Brief

From Criminal Law Notebook
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Briefs

A sentencing brief is structured as follows:

  • Overview
    • Identify the charges, including time, place and section of the code.
    • Identify the issue for sentencing
    • Outline desired result
  • Facts
    • Summary of undisputed Facts
    • Summary of anticipated disputed facts, including what witnesses will be provided
    • Enumeration of relevant exhibits
  • Positions of Parties
  • Principles of Sentencing
    • Objectives to be emphasized in Case
  • Applicable Factors
  • Prior Cases
  • Analysis / Discussion of Case
  • Ancillary Orders
    • Legal Requirements of Order
    • Interpretation of Provisions
  • Discussion of Application
  • Summary of Party's Position
    • Breakdown of the requested Sentence, including any factual
Cover of Brief

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]




CROWN SENTENCING BRIEF




[first party name]
[first party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx

Counsel for Her Majesty the Queen

[second party name]
[second party title]
[address]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxx

Counsel for the Accused

Table of Contents

TABLE OF CONTENTS



CASES

Page
PART I: OVERVIEW OF POSITION AND STATEMENT OF FACTS
X
1. Overview of the Position

X
a. The Offences

X
PART II: STATEMENT OF ISSUES
X
PART III: STATEMENT OF ARGUMENT
X
PART IV: ORDER SOUGHT
X
PART V: TABLE OF AUTHORITIES
X
Body of Brief

[thie brief comprises of text that could be used in most typical forms of luring]

PART I: OVERVIEW

[1] The accused, [name], plead guilty to the commission of the following offence(s) bewteen [date]:

... that he did

Table of Authorities

PART V: TABLE OF AUTHORITIES



CASE LAW

TAB
R v ...
X
R v ...
X

LEGISLATION:

TAB
...
X
...
X

SECONDARY SOURCES:

TAB
...
X
...
X

WEBSITES:

TAB
...
X
...
X