LAW 602 Lecture Notes - Lecture 11: Mens Rea, Regulatory Offence, Jaguar
18 Apr 2016
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Accused to be sentenced only in event of finding of guilt. Sentencing process also has rules of evidence, procedural protections: Parties allowed to call evidence, make submissions on sentence. Crown may allege aggravating factors to increase sentence. Defence may argue mitigating factors to decrease sentence. Defendant may personally address court prior to sentence being imposed. Fraud is a criminal code offence, s. 380(1) White collar crime is form of fraud involving business, stealing or placing at risk companies, investors, business interests- treated as one kind of fraud. Where subject matter of offence exceeds , indictable offence, liable to imprisonment of up to 14 years. Where person convicted on indictment and subject matter of offence over million dollars, mandatory minimum punishment of 2 years: s. 380(1. 1) Fundamental principle, s. 718: a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
