Life Sentence in Canada: Maximum Penalty

Refers to whether the defendant has entered into an agreement with the prosecution to plead guilty in exchange for a reduced sentence, or whether he or she has provided information or assistance to the authorities during the investigation or prosecution of 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 greater harm.

Refers to the evidence or arguments presented by both the prosecution and the defence that may have an impact on the sentence, such as evidence of previous bad acts committed by the defendant, or mitigating circumstances such as mental illness or addiction.

Indicates the military service, public service or other merits which might have an impact on the conviction.

Refers to the specific laws, policies and case law in the jurisdiction in which the offence was committed that may affect the sentence, such as mandatory minimum sentences, sentencing guidelines or prevailing community views on punishment.

It is important to remember that a defendant who has cooperated with law enforcement and other authorities in investigating and prosecuting his or her own case, may have his or her sentence reduced.

Age and any physical or mental health problems may also play a role in deciding on a suitable sentence.

Sentencing may be harsher than that of accomplices or persons who played minor roles.

A defendant’s financial resources and ability to pay fines or other financial penalties may be considered in determining an appropriate sentence. The court may consider a defendant’s ability to pay restitution to victims and/or fines to the state.

Sentencing can be influenced by the aim to deter 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.

The safety and protection of the public is a key consideration in sentencing. A sentence may be tougher for an offender who poses a significant threat to public safety in order to prevent him or her from committing further offences.

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

Sentencing guidelines and mandatory minimum sentences set by state or federal law may be a factor in determining a sentence. The court must follow these guidelines and mandatory minimum sentences, but may have some discretion in certain cases.

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 judicial views on the appropriate punishment for a particular crime may be a factor in sentencing Public opinion and the views of the judge or sentencing panel may influence the perceived severity of a particular sentence.

The extent to which the defendant assisted law enforcement or other authorities in the investigation or prosecution of the offence may be considered as a sentencing factor.

The age and mental/physical health of the accused may be relevant in determining the sentence, as these factors may affect the accused’s ability to understand the consequences of his or her actions and the potential for rehabilitation.

The defendant’s role in committing the crime may also be taken into account, with those who played a leading or more active role often receiving a more severe sentence.

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

This factor takes into account the defendant’s previous criminal record, including any previous convictions, and the defendant’s history of previous sentences.

This factor takes into account the defendant’s general background. This includes education, employment, family situation and any history of drug or alcohol abuse.

This factor takes into account the defendant’s expression of remorse for the offence committed, including any apology or expression of regret.

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