The maximum sentence for drug trafficking in Canada varies by the nature of the drug, which can be classified as Schedule I, III and III. The following are the maximum sentences for each Schedule; Schedule I: max: life; Schedule II: 5 years (indictable) 1000 fine or 6 months (summarily); Schedule III: 18 months (summarily) 10 years (indictable)
Factors That Affect Sentencing
Any plea bargains or co-operation with prosecution
Refers to whether the defendant has entered into an agreement with the prosecution to plead guilty in exchange for a reduced sentence, or has provided information or assistance to the authorities during the investigation or prosecution of the case.
Mitigating circumstances, such as duress or necessity - Mitigating circumstances
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.
All extenuating or aggravating circumstances presented by the prosecutor or the defender
Means the evidence or arguments presented by both the prosecution and the defence that could affect the penalty, such as evidence of the defendant’s previous bad acts or mitigating factors such as mental illness or addiction.
The military or public service record of the defendant
Refers to the defendant’s military, public service or other achievements relevant to the sentence.
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 views on punishment.
The accused's cooperation with 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/emotional state 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.
Role of accused in 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.
The financial resources and ability of the accused to pay fines
A defendant’s financial resources and ability to pay fines or other financial penalties may be taken into account in the determination of an appropriate sentence. The court may have regard to a defendant’s ability to pay compensation to the victim(s) and/or fines to the state.
Deterring the defendant and others
Sentencing can be influenced by the aim of deterring the defendant and others from committing similar offences in the future. A harsh 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. If an accused person poses a significant threat to public safety, a harsher sentence may be imposed to prevent him or her 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 offend again, may be taken into account in determining an appropriate sentence.
Criminal law guidelines and mandatory minimums
Sentencing guidelines and mandatory minimum sentences set out in state or federal law may be a factor in determining a sentence. The court must follow these guidelines and mandatory minimum sentences, although it may have some discretion in certain cases.
Aggravated or attenuating circumstances
Statutory aggravating circumstances are elements of the crime or the defendant’s conduct that increase the severity of the sentence, while statutory mitigating circumstances are elements that decrease the severity of the sentence. These factors are often specified in state or federal law.
How the community and the judiciary feel about punishing
The views of the community and the judiciary as to 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 respondent with the authorities
The extent to which the defendant has assisted law enforcement or other authorities to investigate or prosecute the crime may be considered as a sentencing factor.
Defendant's age and mental/physical health
The age, mental and 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 actions and his potential for rehabilitation.
Role of accused 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 sentences.
Nature and circumstances
This factor refers to the specific details and events surrounding the offence, including the method used and any aggravating or mitigating circumstances.
The accused's criminal history
This factor takes into account the defendant’s previous criminal record, including any previous convictions, and the defendant’s history of previous sentencing.
Defendant's character and history
This takes into account a defendants’ whole background, including education, employment, family circumstances and any history of drug or alcohol abuse.
The defendant's remorse or lack of it
This factor considers whether the accused has shown remorse for the offence, including apologising or expressing remorse.
Effect of the crime on the victims
This factor assesses the physical, emotional and financial damage suffered by the victim/s as a result of the crime and how the crime has affected their lives.
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