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
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 has provided information or assistance to the authorities during the investigation or prosecution of the case.
Mitigating circumstances, such as duress or necessity
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.
The mitigating or aggravated circumstances presented by the prosecutor or the defender.
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.
Military or public service record of defendant
Refers to the defendant’s military service, public service or other achievements that may be relevant to the sentence imposed.
Relevant laws, policies and case law in the jurisdiction of the offences
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.
Cooperation of the defendant with authorities
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.
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 condition may be given a more lenient sentence.
Role of the accused in the crime
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.
Financial resources and ability of the accused to pay the fine
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.
Deterrence of the accused and others
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.
Security and public safety
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
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.
Criminal law guidelines and mandatory minimums
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.
Aggravated or attenuating circumstances
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 sentencing views
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.
Cooperation of the accused 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.
The age and mental/physical health of the accused
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.
Role of the accused in the crime
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.
Nature and circumstances of crime
This factor refers to the specific details and events surrounding the offence, including method and aggravating or mitigating circumstances.
The criminal history of the defendant
This factor considers the previous criminal history of the accused, including any previous convictions, and the history of previous sentences.
The defendant's character and history
This factor considers the overall circumstances of the accused, including education, employment, family circumstances and any history of drug or alcohol abuse.
The accused's remorse or lack thereof
This factor takes into account the defendant’s expression of remorse for the offence committed. It includes any apologies or expressions of regret.
Effects of the crime on the victims/s
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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Been Arrested or Charged with A Criminal Offence? Get Help Now!
If you have been arrested or need assistance with a criminal matter, contact me to discuss your case.
Jeffrey I Reisman
Criminal Defence Lawyer
1000 Finch Ave. West, Suite 705 A
Toronto, ON M3J 2V5
Phone:Â 647-370-4282
Email:Â jeffreyireisman@gmail.com
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