LAW 602 Lecture Notes - Lecture 9: White-Collar Crime, Indictable Offence, Summary Offence

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Overview: accused to be sentenced only in event of finding of guilt, sentencing process also has rules of evidence, procedural protections. Individualized sentencing: up to the judge to find a sentence that would be appropriate for the accused (usually the case in canada: sometimes there will be a set of guidelines (to mitigate or aggravate) In some cases there are mandatory minimum sentences that have to be given (opposite of individualized sentence: defendant may personally address court prior to sentence being imposed. Judge may have range of possible penalties to choose from, such as jail, fine, probation, community service. Judge may be assisted by pre-sentence report about defendant, views of victims, good character letters: probation or parole officer collecting information, matter of sentence is determined by judge only, parties have right to appeal conviction and or sentence. 2 years less one day (reformatory) rules of release (release after 1/3)

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