LAWS 3307 Lecture Notes - Lecture 10: Pallottines, Extortion, Truancy
Document Summary
Mandatory minimums crown does sentencing rather than judges, overcrowding of jails, one size fits all app(cid:396)oa(cid:272)h does(cid:374)"t take i(cid:374)to a(cid:272)(cid:272)ou(cid:374)t the spe(cid:272)ifi(cid:272) (cid:272)i(cid:396)(cid:272)u(cid:373)sta(cid:374)(cid:272)es of offe(cid:374)de(cid:396)s. Judges strike down the mandatory minimus being contrary to charter since it takes away discretion of judges: 41: conferences. When a youth justice court finds a young person guilty of an offence, the court may convene or cause to be convened a conference under section 19 for recommendations to the court on an appropriate youth sentence. Informal, off the record discussion between various people about what the appropriate thing to do with the young person is. Untraditional way of doing a sentence, idea came from sentencing circles. Involves parents, crown, lawyer, judge, social workers, counsellors. Author of pre-sentence report will make recommendations as to whether or not accused could comply to provisions, if they would be a suitable candidate for community supervision. If judge is considering jail they basically must have a pre-sentence report.
