CRIMINAL LAW 4

Factors Affecting Sentencing Aggravating factors – things that increase the severity of the sentence. previous criminal record leader of the group violent offence Mitigating factors – things that decrease the severity of the sentence. first-time / young offender guilty plea minor offence time spent in custody

Types of Traditional Sentences A.Absolute Discharge – releasing a convicted offender and erasing the criminal record after 1 year. B.Conditional Discharge – releasing a convicted offender under certain terms, and erasing the criminal record after 3 years. if the terms are violated the discharge is revoked and a more severe sentence is imposed C. Probation – allows a person to live in the community while supervised by a parole officer.

The 3 main conditions of probation are: 1.keep good behaviour 2.appear in court when required 3.tell court of change in name, address or employment Other possible probation conditions are: 1.report to parole officer 2.stay away from known criminals 3.stay away from certain places 4.pay for damages 5.no alcohol or drugs If the terms are not met, the offender can be sentenced on the original charge or on breach of probation.

D. Suspended sentence – a judgment that is not carried out, provided certain requirements are met. usually for first-time or minor offences E. Intermittent sentence – a sentence served on weekends and at night. must have steady employment must not be a violent offender must be a sentence of less than 90 days

F. Conditional sentence – can be served in the community, with strict terms attached. Terms are tougher than for probation or suspended service (i.e. community service) G. Restitution – requires the offender to pay the victim for loss or injury. offender may have to do work for the offender Community service order – a sentence to perform certain services in the community (work at a food bank)

H. Suspension of Privileges – withholds a privilege for a period of time. not allowed to drive not allowed to own a gun I.Incarceration – imprisonment for a specified time. each offence has a maximum sentence some offences have a minimum sentence

Imprisonment Sentences of less than 2 years are served in provincial institutions. (2 years less a day) Sentences of 2 years or more are served in federal institutions. Dangerous offender – someone who is a threat to the life, safety or well-being of others. Indeterminate sentence – a sentence for an indefinite period.

Concurrent sentence – sentences served at the same time. two sentences of 4 years – 4 year prison term one sentence of 3 years - 3 year prison term and one sentence of 1 year Consecutive sentence – sentences served one after another. two sentences of 4 years – 8 year prison term one sentence of 4 years - 6 year prison term and one sentence of 2 years

When a convicted person is sentenced 3 perspectives must be considered: 1.The Offender A pre-sentence report is completed for the judge. It includes background information on family, education, physical and mental health. 2. The Victim A victim impact statement prepared by victim or family, describes the harm done or loss suffered due to offence. 3.Society * Crown tries to protect interests of society by introducing offender’s criminal record and asking for a long prison term.

There are alternatives to traditional sentences. 1.Victim – Offender Mediation The victim and offender meet. Victim explains how the crime affected them. Offender may apologize and say why they did it. An agreement for restitution may be reached and recorded. 2. Family Group Conferencing As above but with family, community groups, police, social workers and lawyers involved.

3. Victim – Offender Panels When victim and offender are unable or unwilling to meet, a panel of victims and offenders linked by a common crime, (not the crime involved) express their feelings about the offence. 4. Aboriginal Sentencing Circles It’s like family group conferencing for aboriginals. A judge is also involved. The offender is told that everyone cares for their well-being and a group decision may be reached.