LAW 602 Lecture Notes - Lecture 10: Mens Rea, Absolute Liability, Jaguar

• School: Ryerson University
• Department: Law and Business
• Course: LAW 602
• Professor: Eric Libman

Document Summary

Sentencing process also has rules of evidence, procedural protections. Parties allowed to call evidence, make submissions on sentence. Crown may allege aggravating factors (aggravating factors are essentially factors that increase the severity or culpability of a criminal act) to increase sentence, eg. , previous record, motivation of greed. Defence may argue mitigating factors (mitigating factors as steps taken by the accused that would result in reduced charges or a lesser sentence) to decrease sentence, eg. , plea of guilty, remorse. Defendant may personally address court prior to sentence being imposed. Principle of proportionality: looking at all the events that occurred when determining sentencing. Proportionality principle requires that court imposing sentence consider gravity of the offence and the moral blameworthiness of the offender: r v c. a. m. Theories of criminology are developed based on aggravating and mitigating factors. We have principles for criminal charges then specific principles to determine sentencing for white collar crime.