From Criminal Law Notebook
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
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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
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[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
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[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
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| Table of Contents
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TABLE OF CONTENTS(e)
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Page
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| PART I: OVERVIEW
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X
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- A.
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X
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- i.
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X
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| PART II: AGREED FACTS AND OTHER EVIDENCE
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X
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| PART III: POSITIONS OF THE PARTIES
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X
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| PART IV: GENERAL SENTENCING PRINCIPLES
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X
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| PART V: OBJECTIVES OF SENTENCING IN THIS CASE
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X
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| PART VI: AGGRAVATING AND MITIGATING FACTORS IN THIS CASE
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X
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| PART VI-A: JOINT RECOMMENDATIONS
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X
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| PART VI-B: AVAILABLE DISPOSITIONS
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X
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| PART VII: DISCUSSION ON APPROPRIATE SENTENCE
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X
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| PART VIII: ANCILLARY ORDERS
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X
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| PART IX: CONCLUSIONS
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X
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| PART X: TABLE OF AUTHORITIES
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X
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| Body of Brief
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| Table of Authorities
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PART X: TABLE OF AUTHORITIES(e)
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EXHIBITS
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TAB
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| ...
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X
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| ...
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X
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CASE LAW
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TAB
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| R v ...
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X
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| R v ...
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X
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LEGISLATION:
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TAB
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| ...
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X
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| ...
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X
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SECONDARY SOURCES:
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TAB
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| ...
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X
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| ...
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X
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WEBSITES:
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TAB
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| ...
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X
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| ...
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X
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