Sentence for Drink Driving in Canada





Sentence for Drink Driving in Canada

Summary Dispositions: min: $1000 + 12 months driving prohibition (first), 30 days jail + 2 to 5 years driving prohibition (second), 120 days + 3 or more years driving prohibition (third); Inidtable Dispositions: min: same as summary, max: 10, 14 years incarceration or life.

Factors That Affect Sentencing

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.
Refers to circumstances that may diminish the degree of responsibility or moral blameworthiness of the defendant for the offence, such as because he or she acted under duress or coercion, or because it was necessary to prevent greater harm.
Refers to 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 factors such as mental illness or addiction.
Refers to the defendant’s military service, public service or other achievements that may be relevant to the sentence imposed.
Identifies the specific laws, policies and case law in the jurisdiction where the offence was committed that may affect the sentence, such as mandatory minimum sentences, sentencing guidelines or prevailing community views about punishment.
The extent to which the defendant has co-operated with law enforcement and other authorities in the investigation and prosecution of his own case may be a factor in sentencing. Co-operation may demonstrate an acceptance of responsibility and may be considered by the court as a mitigating factor.
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 condition may be given a more lenient sentence.
The role played by the accused in committing the offence may affect his or her sentence A principal or a coconspirator may face a more severe sentence than an accomplice or someone playing 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 may be influenced by the aim of deterring the accused 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.
The safety and protection of the public is a key 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 defendant’s rehabilitation potential, or ability to be successfully treated or trained not to reoffend, may be considered in determining an appropriate sentence. A defendant who appears likely to be successfully rehabilitated may be sentenced more leniently.
Sentencing guidelines and mandatory minimum sentences established by 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.
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 views on the appropriate punishment for a particular crime can be a factor in determining 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 assisted law enforcement or other authorities to investigate or prosecute the crime may be considered as a sentencing factor.
Age, mental health 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 taken into account, with those who played a leading or more active role often receiving more severe sentences.
This factor refers to the specific details and events surrounding the offence, including method and aggravating or mitigating circumstances.
This factor considers the previous criminal history of the accused, including any previous convictions, and the history of previous sentences.
This factor considers the overall circumstances of the accused, including education, employment, family circumstances and any history of drug or alcohol abuse.
This factor takes into account the defendant’s expression of remorse for the offence committed. It includes any apologies or expressions of regret.
This factor assesses the physical, emotional and financial damage that the victim(s) have suffered as a result of the crime and the impact of the crime on their lives.

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