Sentencing Brief (Generic)

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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/ACCUSED 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 His Majesty the King [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(e) Page PART I: OVERVIEW X A. X i. X PART II: AGREED FACTS AND OTHER EVIDENCE X PART III: POSITIONS OF THE PARTIES X PART IV: GENERAL SENTENCING PRINCIPLES X PART V: OBJECTIVES OF SENTENCING IN THIS CASE X PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE X PART VI-A: JOINT RECOMMENDATIONS X PART VI-B: AVAILABLE DISPOSITIONS X PART VII: DISCUSSION ON APPROPRIATE SENTENCE X PART VIII: ANCILLARY ORDERS X PART IX: CONCLUSIONS X PART X: TABLE OF AUTHORITIES X
Body of Brief
PART I: OVERVIEW [X] On [date], the accused [plead/was found] guilty to the commission of the following offence(s) between [date]. Specifically that he: (1) ... did commit the offence ... contrary to s. ... of the Criminal Code. (2) ... did commit the offence of ... contrary to s. ... of the Criminal Code. The Crown elected to proceed by indictment/summary conviction on the hybrid offences. [X] It is the Crown/Defence position that a fit and proper sentence for the offences charged are as follows: Count # Section Offence Name Date Range Min. Penalty Max. Penalty Sentence Requested (Consecutive or Concurrent) Ancillary Order(s) 1 2 Global Sentence [total duration] Global Sentence Factoring in Totality [total duration] [X] The terms of the conditional sentence order should be as follows: Statutory conditions required by the Code. [list of terms and conditions] [X] The terms of the probation order should be as follows: Statutory conditions required by the Code. [list of terms and conditions] [X] The terms of the ancillary orders should be as follows: [list optional terms, including duration of ancillary orders] PART II: AGREED FACTS AND OTHER EVIDENCE PART III: POSITIONS OF THE PARTIES [X] The parties are not in agreement on what the fit and proper sentence would be for this accused, including the appropriate form of disposition, duration of custody, the terms of probation, and ancillary orders. [X] The PART IV: GENERAL SENTENCING PRINCIPLES A. Purpose and Principles of Sentencing B. Proportionality C. Parity D. Restraint E. Totality and Concurrent vs Consecutive Sentences [assuming multiple offences charged] PART V: OBJECTIVES OF SENTENCING IN THIS CASE A. Purpose of Criminalization of Conduct B. Objectives to be Emphasized PART VI: AGGRAVATING AND MITIGATING FACTORS OF THE CASE A. Gravity of Conduct A. Sophistication of the Offence B. Vulnerability of Victim C. B. Guilty Plea and Acceptance of Responsibility B. Prior Criminal Record and Repeat Offenders B. Prospects of Rehabilitation PART VII: RELEVANT SENTENCING CASE LAW PART VIII: JOINT RECOMMENDATIONS PART VIII(I): DISCUSSIONS OF SENTENCE
Table of Authorities
PART X: TABLE OF AUTHORITIES(e) EXHIBITS TAB ... X ... X CASE LAW TAB R v ... X R v ... X LEGISLATION: TAB ... X ... X SECONDARY SOURCES: TAB ... X ... X WEBSITES: TAB ... X ... X