SENTENCING IN CANADA

SENTENCESSentence: a punishment imposed on a person convicted of committing

a crime

(A PENALTY, DISPOSITION OR A SANCTION)

•Once an offender is convicted, the sentencing process begins

• For summary conviction offences, sentencing usually takes place immediately

• For indictable or more serious offences, sentencing is more complex and is often delayed to allow the judge to make an informed decision

PURPOSES OF SENTENCINGThere are two fundamental purposes of sentencing:

By imposing fair sentences, judges

1.promote respect for the law

2.help maintain a just, peaceful and safe society.

SENTENCING OBJECTIVESWhen the judge chooses a sentence, the sentence they choose must have one of 6 objectives. For example, it could

1.denounce unlawful conduct – The sentence should condemn the crime from society's viewpoint. However, a judge should consider the offender's character when sentencing, As well as past criminal behavior.

*Revenge is not an appropriate sentencing objective (fairness)

Do you think it’s fair to take intoconsideration an offenders character?

SENTENCING OBJECTIVES2. Deter the offender and others from committing offences - Deterrence

has two parts. The sentence should prevent the offender from committing crimes in the future (specific deterrence) and discourage all other members of society from committing the same or similar crimes (general deterrence).

*Interesting Fact: There was a case in 2006 where the Supreme Court ruled that general deterrence had no role with regard to youth criminals.

It stated that general deterrence shouldn’t be used to justify harsher punishments for criminals under the age of 18

SENTENCING OBJECTIVES3. Separate offenders from society – This is only when necessary

and means sending them to jail.

•Canada’s incarceration rate isn’t as high as the United States or Russia’s, but some say the rate is still too high. In recent years, it has been reduced.

SENTENCING OBJECTIVES

4. Assist in rehabilitating offenders – Sentences should help rehabilitate

offenders. Certain programs should be aimed at restoring a person to good moral and mental health by addressing the causes of their criminal activity.

• This is the focus of Canadian detention centres.

• Inmates are provided with job counselling and training so that they will be able to reintegrate back into society when they are released

SENTENCING OBJECTIVES5. provide reparations for harm done to victims or to the community –

Sometimes judges order the offender to repay the victim for harm done to them or the community

6. promote a sense of responsibility in offenders – Judges can judge whether

or not the victim shows any signs of remorse before they make the sentence. Their goal could be to have the offender take responsibility for their actions.

Is one more important than the other?

AGREE OR DISAGREE?• Strict laws and severe punishments are needed to regulate the naturally immoral behaviour of men.

• The punishment for a crime is best measured by the harm it causes to society.

• The more severe the punishment the more likely that the crime will not be committed.

• The certainty of punishment is a better deterrent to crime than the severity of the punishment.

• Clear and simple laws, swift justice and proportionate sentences will prevent more crime than severe punishments alone.

• The true measure of the seriousness of a crime is the harm it causes society not the harm it causes the victim.

• Judges are incapable of avoiding bias in the judgments they write. Therefore they must have little freedom when sentencing offenders.

• Criminals should not be detained until they are sentenced

R. V. KOBELKAIn January 2006, Chad Kobelka pleaded guilty to theft, dangerous operation

of a motor vehicle causing bodily harm, and flight from police officers. Kobelka was 19 years old at the time he stole an SUV from his uncle. He led police on a lengthy high-speed police chase and finally crashed his vehicle into another, seriously injuring a young couple. The female in the vehicle was 20 weeks pregnant. She delivered her baby prematurely at 36 weeks. It had permanent mental and physical impairments.

In April 2007, a Provincial Court of Alberta judge sentenced Kobelka to 10 years in prison. That was the longest sentence ever given in Canada for these offences. The judge noted that Kobelka had at least 14 opportunities to stop during the police chase.

-Textbook, page 293.

1.WHAT OBJECTIVES DO YOU THINK KOBELKA’S PUNISHMENT AGREES WITH?

2.WHAT DO YOU THINK THE JUDGE CONSIDERED WHILE DETERMINING THE SENTENCE IN THIS CASE?

3.DO YOU THINK THE JUDGE’S SENTENCE WAS APPROPRIATE? WHY OR WHY NOT?

SENTENCING OVERALLWhen passing a sentence, the judge must ALWAYS refer to the Criminal Code.

• This is because the Criminal Code Specifies the objectives of penalizing and the penalties available.

• Section 718(2) of the code states that judges must give similar sentences to offenders committing similar offences in similar circumstances

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• A judge may order a probation officer to prepare a pre-sentencing report about the offender's situation. This includes interviews with the offender, their family, those who are familiar with the persons history and potential future conduct, character references. The judge can consider it when sentencing.

• The defense and the crown also have the right to call witnesses to testify about the offenders background. The convicted person may also make a statement.

SENTENCING OVERALL• Sentencing has to be proportional. This means that the punishment must reflect the harm of the

crime. This is why there are harsher sentences for harsher crimes, like kidnapping or murder.

• The Criminal Code also directs the judge to increase or reduce the sentence in certain conditions:

-mitigating circumstances: facts or details that lessen the responsibility of the offender. (first time offender, good employment record, good character, a guilty plea, helping the police apprehend other offenders, indirect consequences of the offence like personal injury or loss of employment)

-aggravating circumstances: details about the crime that increase the responsibility of the offender (abused a position of trust or authority in relation to the victim, committed the crime in association with a criminal organization, prior convictions, association with violent crimes, etc.)  

RESTORATIVE JUSTICE

Read page 310 & 322-323 in your text, Answer the following:

•What sentencing objective does Restorative Justice relate to?

•What role do victims play in these programs? How can they benefit?

•What criticisms have been made about these programs?

•Outline your opinions of Restorative Justice Programs.