CRIM 131 Lecture 8: Judicial Options- 131
10 Dec 2017
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Multiple sentences: concurrent: you serve all sentences at the same time, consecutive: they serve all sentences one after another. Judicial determination: a federal offender may have to serve half of their sentence before they can go on probation. It is a very rare application, less than 5%, and the most likely to receive it are. Discretion: appeal court decisions, the appeal court looks at whether the sentence is appropriate in comparison to other cases, disparity between cases is still large. Maximum sentences: don"t give a lot of practical guidance because they are so high. Mitigating factors: result in a less serious than typical for offence. Intoxication, lack of premeditation, provocation, financial need, psychological problems, no previous record, if the offender is young or old, addiction, aboriginal status. Gladue (1999: the aim reduce aboriginal overrepresentation, failed: the aggravating factors remain at the forefront, because aboriginals have previous records and other aggravating factors which override anything else.
