The longest jail sentence in Canada is life in prison.
Factors That Affect Sentencing
All plea bargains or cooperation with prosecutors
Refers to whether the defendant has entered into an agreement with the prosecution to plead guilty in exchange for a reduced sentence, or whether the defendant has provided information or assistance to the authorities during the investigation or prosecution of the case.
Mitigating factors, like coercion or need
Refers to circumstances that reduce the defendant’s level of responsibility or moral culpability for the offence, such as acting under duress or compulsion or because it was necessary to prevent greater harm.
Any mitigating or aggravating circumstances presented by the prosecutor or defender.
Refers to the evidence or arguments presented by both the prosecution and the defence that may affect the sentence. For example, evidence of the defendant’s previous bad acts, or mitigating circumstances such as mental illness or addiction.
The defendant's military or public service record
Refers to the defendant’s military, public service or other achievements relevant to the sentence.
Relevant legislation, policy and case law of the jurisdiction
Refers to the specific laws, policies and case law in the jurisdiction where the offence was committed that may have an impact on the sentence, such as mandatory minimum sentences, sentencing guidelines or prevailing views on punishment in the community.
Co-operation of the accused with the authorities
The extent to which the accused cooperated with law enforcement and other authorities in the investigation and prosecution of his own case can be a factor in sentencing.
Age and physical and mental health of the accused
The age of the defendant 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.
Defendant's role in the crime
The defendant’s role in the commission of the offence may have an impact on his or her sentence. A principal or co-conspirator may receive a more severe sentence than an accomplice or someone who had a minor role.
Defendant's financial resources and ability to pay penalties
The court may consider the ability of the accused to make restitution to the victims or to the State.
The deterrent effect on the defendant and on 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, whereas a more lenient sentence may not have the same effect.
Public safety and security
The safety and protection of the public is a key consideration in sentencing. A sentence may be increased for an offender who poses a significant threat to public safety to prevent him or her from committing further offences.
Ability of the accused to rehabilitate
The defendant’s potential for rehabilitation, or ability to be successfully treated or trained so as not to offend again, may be taken into account in determining an appropriate sentence.
Guidelines and mandatory minimums
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 minimums, although it may have some discretion in certain cases.
Aggravated or attenuating circumstances under the law
Aggravation is a factor in the offense or in the conduct of the offender which increases the penalty, whereas mitigation is a factor which reduces the penalty.
Community and judicial attitudes to punishment
Community and judicial views on the appropriate punishment for a particular offence can be a factor in sentencing. Public opinion and the views of the judge or sentencing panel can influence the perceived severity of a particular sentence.
Cooperation of the defendant with authorities
The extent to which the accused has assisted the police or other authorities in investigating or prosecuting the offence may be considered as a sentencing factor.
Defendant's age and mental/physical health
The defendant’s age, mental and physical health may be relevant to sentencing because these factors may affect the defendant’s ability to understand the consequences of their actions and potential for rehabilitation.
Role of the defendant in the crime
Their role in committing an offence is also taken into account, with those with leadership or more active roles often receiving harsher penalties.
Nature and circumstances of offence
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.
Criminal history of defendant
This factor considers the previous criminal history of the accused, including any previous convictions, and the history of previous sentences.
The character and background of the accused
This factor considers the defendant’s whole background. This includes education, employment, family situation and any history of drug or alcohol abuse.
The accused's remorse or lack thereof
This factor takes into account the defendant’s demonstration of remorse for the crime committed, including any apology or expression of regret.
Effects of the crime on the victim(s)
This factor is an assessment of the physical, emotional and financial harm to the victim(s) as a result of the crime and the impact the crime has had on their lives.
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Jeffrey I Reisman
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Toronto, ON M3J 2V5
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