CRIM 131 Lecture Notes - Lecture 9: Conditional Sentence, Virtual File System, Hybrid Offence
6 Jun 2018
School
Department
Course
Professor
Lecture 9: Sentencing & Alternatives to Confinement Monday 19th
March
Chapter 9: Sentencing
The purpose and principles of sentencing
SECTION 718 OF THE CRIMINAL CODE
FUNDAMENTAL PURPOSE:
●Contribute with crime prevention activities
●Respect the law
●The maintenance of a just and safe society by imposing just sanctions:
○Denounce conduct
○Deter the offender and other person from committing the offence
○Separate offenders from society, where necessary (protection of society)
○Assist rehabilitating offenders
○Reparations for harm done to victims or the community
○Promote a sense of responsibility in offenders, and acknowledgement of the
harm done to the victims and the community (accountability, broad concept as
can be punitive but can also be employed in a safe and helpful way)
78.1: sentence must be proportionate to the gravity of the offence and to degree of
responsibility of the offender
78.2: states principles to take into consideration to impose a sentence (aggravating or mitigating
factors)
•Not overly harsh
• Similar to other cases (remember case precedent)
• Imprisonment not to be used indefinitely
Goals of Sentencing
Three main groups:
1. Utilitarian- focuses on FUTURE conduct of offenders, and others who commit
similar offences. Designed to protect the public from future crimes.
a. General deterrence: discouraging potential individuals from committing
crimes
b. Specific deterrence: discouraging offenders from reoffending
c. Rehabilitation: curing the offender of what made them offend (aid to
offender, tries to break barriers)
d. Incapacitation: keeping offender in jail to protect society (if done well it
can help avoid recidivism)
2. Retributive- focus on PAST, retributive sentencing goals (punishment)
a. Denunciation: expressing society’s disapproval of the offender’s
behaviour
b. Retribution: making the offender pay for their offences, based on the ‘eye
for an eye’ philosophy
3. Restorative- based on the principle that criminal behaviour injures not only the
victim but communities and offenders as well, PROBLEM SOLVING fosters these
three groups
!26
•Not always an option
Sentencing options
●Options can be mixed and matched
●Convicted person may be ordered to pay restitution
Concurrent sentences- sentences received by the offender are merged into one sentence and
served simultaneously
Consecutive sentences- sentences are served in sequence, one beings after the other ends
Judicial Determination
What is it? order by the sentencing judge that the offender see one-half of the sentence before
being eligible to apply for parole
•SECTION 743.6 OF CRIMINAL CODE
• Used in less than 5% of federal cases
• Federal inmates typically can apply for release on full parole after serving one-third of their
sentence
○Primary objectives: protection of the public and specific and general deterrence
Judicial Restraint Order
•SECTION 810 OF CRIMINAL CODE
Absolute discharge
Offender found guilty but not charged, set free with no
criminal record
Conditional discharge
Offender found guilty and released with conditions of a
probation order
Suspended sentence
Offender is convicted of the offence, but imposing a
sentence is suspended pending successful completion of
probation
Fine
Offender must pay a specific amount of money within
specific time; may be able to work off the fine
Intermittent sentence
Offender is sentenced to jail, usually served on weekends.
When not in custody, they are subject to a probation
order with specific conditions (less than 90 days). Avoid
disruption of person’s lifestyle.
Probation
Offender placed under the supervision in the community
for a specified time, must comply with general and
specific conditions
Conditional sentence
Offender receives term confinement (<2 years) and is
allowed to serve it in the community under supervision of
probation officer, must meet specific conditions
Imprisonment
Offender is sentenced to a period of confinement
!27
• Crown counsel may lay an information before a JP if they have reasonable grounds to
believe that another person will injure you, your family, or your property
• Section has withstood Charter challenges
• If JP or judge is in agreement with the threat, the defendant must enter recognizance to
keep the peace and be of good behaviour for a period less than 12 months
• Court can also impose conditions of the defendant
• Violation of SECTION 810 is a criminal offence
Life Imprisonment
•Person convicted of murder are subject to life imprisonment
•Death penalty was abolished in 1976
•Criminal Code apply a number of years an offender must serve their sentence for before
they can apply for parole
Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act: permits a judge,
cases of more than one murder, to add up parole eligibility periods within a life sentence
consecutively, rather than concurrently
Extraordinary Measures
What’s the difference? DO is imposed by a sentencing judge and is an actual sentence of the
court. The LTO refers to the administration of a sentence and is responsibility of the Parole Boars
of Canada under the Corrections and Conditional Release Act.
Additional Sentencing Options
•Judge can decide to attach to it one or more other dispositions contained in the Criminal
Code
•Offenders may have to forfeit their good to the Crown
○Objects may be destroyed or sold with proceeds going to the government
○Government can seize money, property, or goods accumulated as a result of
crime
The Decision Making of Judges
1. Identifying relevant factors in the case
2. Identifying the relevant law
Dangerous Offender (DO) designation
Long-term offender (LTO) designation
Designation made by the judge after
conviction that results in an indeterminate
term of imprisonment in a federal correction
institution. Crown must make a formal
application after conviction but before
sentencing. Offender can be released by the
National Parole Board.
•Considers past offence history and
likelihood of serious offences in the future
SECTION 752
Requires the offender to spend up to 10 years
under supervision by a parole officer following
the expiry of his or her sentence. Evidence
must be provided that there is a substantial risk
that the offender will commit a serious
personal offence after being released. Risk
assessment must be carried out. Designation
given to offender with a sentence of two years
or more.
SECTION 753
!28
Document Summary
Lecture 9: sentencing & alternatives to con nement monday 19th. The maintenance of a just and safe society by imposing just sanctions: Deter the offender and other person from committing the offence. Separate offenders from society, where necessary (protection of society) Reparations for harm done to victims or the community. Promote a sense of responsibility in offenders, and acknowledgement of the harm done to the victims and the community (accountability, broad concept as can be punitive but can also be employed in a safe and helpful way) 78. 1: sentence must be proportionate to the gravity of the offence and to degree of responsibility of the offender. 78. 2: states principles to take into consideration to impose a sentence (aggravating or mitigating factors: not overly harsh, similar to other cases (remember case precedent, imprisonment not to be used indefinitely. Three main groups: utilitarian- focuses on future conduct of offenders, and others who commit similar offences.
