Extortion Sentence in Canada: Understanding the Penalties

Indicates whether the accused has entered into an agreement with the prosecution to plead guilty in exchange for a reduced sentence, or whether he has provided information or assistance to the authorities in investigating or prosecuting the case.

Circumstances that diminish the responsibility or moral culpability of the accused for the offence, such as the fact that he acted because he was forced or coerced to do so, or because he acted in order to prevent a major loss.

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 circumstances like mental illness or addiction.

Refers to the defendant’s military service, public service or other achievements that may be relevant to his or her sentencing.

Indicates the specific legislation, policies and case law in the jurisdiction where the offence has been committed that might affect the sentence, for example, mandatory minimums, sentencing guidelines or prevailing community attitudes to punishment.

The extent to which the defendant has cooperated with law enforcement and other authorities in the investigation and prosecution of his or her own case may be a factor in sentencing. Cooperation may demonstrate acceptance of responsibility and may be considered by the court as a mitigating factor.

The defendant’s age and any physical or mental health problems may be relevant to the court’s determination of 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 commission of the offence can 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.

A defendant’s financial resources and ability to pay fines or other financial penalties may be taken into account in determining an appropriate sentence. The court may consider the defendant’s ability to pay restitution to the victim(s) and/or fines to the state.

Sentencing can be influenced by the aim to deter the defendant and others from committing similar crimes in the future. A harsh sentence may act as a deterrent, while a more lenient sentence may not have the same effect.

Public safety and protection is a key consideration in sentencing. A defendant who poses a significant threat to public safety may be sentenced more severely to ensure he cannot commit further offences.

The potential for rehabilitation, or the ability to succeed in treatment or training to avoid reoffending, may be taken into account in determining the appropriate sentence.

Sentencing guidelines and mandatory minimum sentences set by state or federal law may be a factor in the determination of a sentence. The court must follow these guidelines and mandatory minimum sentences, although it may have some discretion in specific cases.

Statutory aggravating circumstances are elements of the crime or of the defendant’s conduct that increase the severity of the sentence, while mitigating circumstances are elements that decrease the severity of the sentence.

The views of the community and the judiciary on the appropriate punishment for a particular offence can be a factor in the determination of a sentence Public opinion and the views of the judge or sentencing panel can influence the perceived severity of a particular sentence.

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 sentencing factor.

Age, mental and physical health of an accused person are relevant to sentencing because they affect his or her ability to understand consequences of his or her actions and his or her ability to rehabilitate.

The defendant’s role in committing the offence may also be considered, with those who played a leading or more active role often receiving harsher sentences.

This factor refers to the specific details and events surrounding the crime committed, including the method used and any extenuating or mitigating circumstances.

This factor considers the criminal history of the accused, including any previous convictions, and the history of previous convictions.

This factor considers the defendant’s whole background. This includes education, employment, family situation and any history of drug or alcohol abuse.

This factor takes into account the defendant’s demonstration of remorse for the crime committed, including any apologies or expressions of regret.

This factor assesses the physical, emotional and financial harm suffered by the victims/s by the crime and how the crime impacted on the victims/s life.