Canadian Criminal Sentencing/Appendix/Checklist

This checklist consists of issues that are often considered in preparation for sentencing. The list is based on the one found at the Law Society of British Columbia website . Crown Preparation prepare and review summary of facts prepare copy of accused's record consider PSR (s. 721) obtain victim impact statements (s. 722(4)) consider restitution, may need to call evidence if not in agreement (s. 738) prepare and review cases on sentence prepare list of conditions appropriate for sentence (on CSO or probation) Defence Preparation obtain letters of reference and support Client's background Age History of places of residence Family relations ( siblings, spouses, children ) Education Level of Education Post-secondary education Certificates earned / licences Employment Employment history employment prospects Offence Circumstances accused mental state at time (intoxication/personal difficulties) degree of contact with victim (e.g. physical contact/proximity) degree of harm to victim degree of violence (intended/actual/threatened/potential) attempts to minimize violence use of a weapon degree of provocation whether accused was in a position of trust whether offence was isolated or part of enterprise role of accused (principal; follower; instigator; intended outcome) Motive Impact on the offender (lost licence/job/relationship) Whether accused co-operated with police Risk to the Public whether record has numerous offences and suggests removal from public necessary whether record has serious offences and suggests removal from public necessary whether accused is a dangerous, mentally unstable person and needs to be removed from public extent to which there are similar offences in the community whether the accused's income comes from illegal activity and makes it a livelihood Rehabilitation whether there is a persistent pattern of criminal activity (note periods of time in community without criminal activity) consider motive for offence (e.g. lead-up) and whether it could happen again whether the client is remorseful and willing to report such to the court consider physical/mental disabilities that are treatable/controllable consider addiction history (treatment programs, dates, and outcomes) Supporting evidence Sources obtain consent to release documentation (medical, school, etc.) get contact info for collateral sources as character references get name of probation officer and get permission to contact them (contact probation officer and get input) Documents Pre-sentence report get letters of reference (employer or character reference) letter from probation officer or corrections officer on progress restitution amount apology letter to victim medical/psychiatric reports Sentence issues Dispositions ability to pay fines (if so, time needed to pay) ability to complete community service (if not, why?) ability to comply with boundary conditions (stay away from areas or people) Possibility of a request for a DNA Order (consider reasons why not) Possibility of a request for a weapons prohibition (consider reasons why not) Procedure review recommendations of parties remind of opportunity to address judge notify of victim fine surcharge Dispositions Withdraw Diversion Peace Bond Absolute Discharge Conditional Discharge Suspended Sentence Fine Conditional Sentence Intermittent Jail Provincial Jail Federal Prison Driving Prohibition Restitution DNA Order SOIRA ORder Weapons Prohibition Order Probation keep the peace and be of good behaviour; appear before the court when required to do so by the court; and notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation. report to a probation officer within 2 working days, or as the court directs, and thereafter, when required by the probation officer; remain within the jurisdiction of the court unless written permission to go outside that jurisdiction; abstain from the consumption of alcohol or other intoxicating substances, or the consumption of drugs except in accordance with a medical prescription; abstain from owning, possessing or carrying a weapon; provide for the support or care of dependents; perform up to 240 hours of community service over <= 18 months; if the offender agrees, participate actively in a treatment program approved by the province; attend at a treatment facility for assessment and curative treatment in relation to the consumption by the offender of alcohol or drugs that is recommended pursuant to the program; where [there is] a program governing the use of an alcohol ignition interlock device by an offender and if the offender agrees to participate in the program, comply with the program; and comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for protecting society and for facilitating the offender’s successful reintegration into the community. Sentencing Procedure Crown submissions: crown states position on sentence crown establishes facts to be relied upon read summary of facts call witnesses if disputed facts (s. 724(3)(a)) or call witnesses anyway (s. 732(2)) [hearsay is admissible (723(5))] facts are on record already from trial submit criminal record submit notice to seek increased penalty submit / read victim impact statement review and comment on pre-sentence report review and comment on relevant cases make recommendation on conditions in probation or CSO request ancillary orders Defence submissions: offender's background including employment, family, health, and financial circumstances submit letters of recommendation and character witnesses review and comment on relevant cases make recommendation on sentence comment on ability to pay the victim fine surcharge / time needed to pay any fines comment on any ancillary orders being requested comment on conditions in probation or CSO (particularly with curfew and house arrest exceptions)