CRM 3319 Lecture Notes - Lecture 2: Sexual Assault, Mens Rea

• School: University of Ottawa
• Department: Criminology
• Course: CRM 3319
• Professor: Howard Bebbington

Document Summary

Create an offence (prohibition) and set out a maximum penalty. The sentencing judge is usually granted a very wide discretion as to sentence (s. On an exceptional basis, minimum penalties are specified (exception is expanding) Politicians love to talk about mandatory minimal penalties. Sexual assault is an example of offence creating provision with penalties, there is discrepancy between indictable and summary. Individualized sentencing: where sentences are imposed in each individual case with specific regard to the individual facts and circumstances of both the offence and the offender. In very exceptional cases (murder) a mandatory penalty is provided. Judge"s authority is also limited by appellate court review. Some types of sentences have limits on their use (ex. probation, conditional sentences, etc) Part xxiii of the ccc: sentencing sets out purpose, principles and some general rules about sentencing. Sentencing connotes a process for determining an appropriate sanction after a finding of criminal responsibility.