In Canada, sexual harassment is not a term that is used. Instead, the term used is known as criminal harassment.
Factors That Affect Sentencing
Plea bargains or co-operation with prosecutors
Indicates whether the defendant entered into an agreement with the prosecution to plead guilty in exchange for a reduced sentence, or provided information or assistance to the authorities in investigating or prosecuting the case.
Mitigating factors like coercion or need
Refers to circumstances that may reduce the defendant’s degree of responsibility or moral blameworthiness for the offence, such as acting under duress or coercion, or because it was necessary to prevent greater harm.
Attenuating or aggravating circumstances presented by the prosecutor or the defender.
Refers to evidence or arguments presented by the prosecution and defence that may affect the sentence, such as evidence of the defendant’s past crimes or mitigating factors such as mental illness or addiction.
Accused's military or public service record
Refers to the accused’s military, public or other service record that may be relevant to sentencing.
Relevant laws, policies and case law in the jurisdiction of offence
Refers to the specific laws, policies, and case law in the jurisdiction where the offence was committed that may affect the sentence. For example, mandatory minimum sentences, sentencing guidelines, or prevailing community attitudes to punishment.
Co-operating with the Authorities
The extent to which the defendant has cooperated with law enforcement and other authorities in investigating and prosecuting his own case may be a factor in sentencing. Cooperation may demonstrate acceptance of responsibility and be considered by the court as a mitigating factor.
Defendant's age and mental/physical health
The defendant’s age and any physical or mental health problems may be relevant to the court in determining an appropriate sentence. For example, an older defendant or one with a serious health problem may be sentenced more leniently.
The defendant's role in the crime
The defendant’s role in the commission of the offence may affect his or her sentence. A principal or co-conspirator may receive a more severe sentence than an accomplice or someone who played a minor role.
Defendant's financial resources and ability to pay financial penalties
The financial resources and ability of the accused to pay fines or other financial penalties may be considered in determining an appropriate sentence. The court may consider the ability of the accused to pay restitution to the victims and/or fines to the government.
Deterrence of the offender and others
The sentence can be influenced by the aim to deter the defendant and others from committing similar offences in the future.
Security and protection of the public
The safety and protection of the public is an important consideration in sentencing. If an offender poses a significant threat to public safety, a harsher sentence may be imposed to prevent the offender from committing further offences.
The potential of the defendant for rehabilitation
The defendant’s potential for rehabilitation, or ability to be successfully treated or trained so that he or she will not reoffend, may be taken into account in determining an appropriate sentence. A defendant who appears to have a high likelihood of being successfully rehabilitated may be sentenced more leniently.
Sentencing Guidelines and Mandatory Minimums
Sentencing guidelines and mandatory minimums established by state or federal law may be a factor in determining a sentence. The court must follow these guidelines and mandatory minimums, but the court has some discretion in the case.
Statutory aggravating or attenuating circumstances
Aggravation is a factor in the offense or conduct which increases the penalty, whereas mitigation is a factor which decreases the penalty.
Views of the community and the judiciary on punishment
Community and judicial views on the appropriate punishment for a particular crime can be a factor in determining a sentence Public opinion and the views of the judge or sentencing panel can influence the perceived severity of a particular sentence.
Co-operation of the defendant with the authorities
The extent to which the defendant has been of assistance to law enforcement or other authorities in their investigation or prosecution of the offence may be a factor in the sentencing decision.
Age and mental/physical health of the accused
The age and the mental and physical health of the accused may be relevant in determining the sentence, as these factors may affect the ability of the accused to understand the consequences of his or her actions and his or her potential for rehabilitation.
Role of defendant in offence
The role of the accused in the commission of the crime may also be taken into account, with those who played a leading or more active role often receiving harsher punishments.
Nature and circumstances of breach
This factor refers to the specific details and events surrounding the offence that was committed, including the method used and any aggravating or mitigating circumstances that may exist.
Criminal History of the Defendant
This factor considers the defendant’s criminal history, including any previous convictions, and the defendant’s history of previous convictions.
Character and history of the defendant
This factor is a consideration of the defendant’s general background, including education, employment, family situation and any history of drug or alcohol abuse.
Accused's remorse or lack of remorse
This factor considers the accused’s expression of remorse for the offence committed, including apology or expression of regret.
Effect of the crime on the victim(s)
This assesses the physical, emotional and economic damage caused by the offence.
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