An intermittent sentence in Ontario means an offender serves time in prison on certain days, rather than consecutively. For example, they could go to jail on weekends but be out of jail during the rest of the week.
Factors That Affect Sentencing
Any plea bargaining or co-operation with the public prosecutor's office
Whether the accused entered a plea agreement with the prosecutor in exchange for a reduced penalty, or whether the accused provided information or assistance to the authorities during the investigation or proceedings.
Mitigating factors, like coercion or need
Refers to circumstances that may reduce the defendant’s responsibility or moral culpability for the offence, such as acting under duress or coercion, or being necessary to prevent greater harm.
All extenuating or aggravating circumstances put forward by the prosecutor or the defender
Refers to evidence or arguments presented by both the prosecution and the defence that may affect the sentence, such as evidence of past bad acts committed by the accused, or mitigating circumstances such as mental illness or addiction.
Accused's military or public service record
Indicates military service, public service or other accomplishments which could affect the conviction.
Relevant legislation, policy and jurisprudence within country
Refers to specific laws, policies and precedents in the jurisdiction where the offence was committed that may affect sentencing, such as mandatory minimum sentences, sentencing guidelines or prevailing community views on punishment.
Co-operation of the defendant with authorities
The extent to which the defendant has cooperated with law enforcement and other authorities in the investigation and prosecution of their 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.
Age and physical/emotional state of the accused
Age and any physical or mental health problems may play a role in a court deciding on a suitable sentence, e.g. a lesser sentence may apply to a person who is elderly or has a serious health problem.
Defendants' role in crime
Sentencing may be harsher than that of accomplices or those who played minor roles.
Financial resources and ability of the accused to pay fines
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 State.
Deterrence to the accused and others
Sentencing may be influenced by the aim of deterring the defendant and others from committing similar offences in the future – a severe sentence may act as a deterrent, while a more lenient sentence may not have the same effect.
Security and public safety
The safety and protection of the public is an important consideration in sentencing. A defendant who poses a significant threat to public safety may be sentenced more severely to ensure that he or she is unable to commit further offences.
The potential for rehabilitation of the defendant
The defendant’s potential for rehabilitation, or ability to be successfully treated or trained so as not to reoffend, may be taken into account in determining an appropriate sentence. A defendant who appears to have a high probability of successful rehabilitation may be sentenced more leniently.
Criminal law 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 has some discretion in a particular case.
Aggravated or attenuating circumstances
Statutory aggravators are elements of the crime or the defendant’s conduct that increase the penalty, while statutory mitigators are elements that decrease the penalty.
Community and legal views on punishment
Community and judicial views on the appropriate punishment for a particular offence may be a factor in determining a sentence. Public opinion and the views of the judge or sentencing panel may influence the perceived severity of a particular sentence.
Cooperation of the accused with authorities
The degree to which the accused assisted law enforcement or other authorities to investigate or prosecute the crime may influence the sentence.
Age and mental and physical health of the accused
The defendant’s age, mental and physical health may be relevant to sentencing because they may affect the defendant’s ability to understand the consequences of their actions and their potential for rehabilitation.
Role of the accused in the offence
The defendant’s role in committing the offence may also be considered, with those who played a leading or more active role often receiving more severe sentences.
The nature of the offence and the circumstances surrounding it
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 takes into account the defendant’s previous criminal record, including any previous convictions, and the defendant’s history of previous sentences.
The defendant's character and background
This factor takes into account the overall circumstances of the accused, including education, employment, family circumstances and any history of drug or alcohol abuse.
Remorse or lack thereof of the defendant
This factor takes into account the defendant’s expression of remorse for the crime committed. This includes any apologies or expressions of regret.
Effects of the crime on the victim/s
This factor assesses the physical, emotional and financial harm suffered by the victim(s) as a result of the offence and the impact the offence has had on their lives.
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