Sentencing Principles Flashcards Preview

Criminal Litigation > Sentencing Principles > Flashcards

Flashcards in Sentencing Principles Deck (10):

Custody Threshold

So serious that neither a fine or a community sentence can be justified.


Community Threshold

Serious enough to warrant such a sentence


The sentencing options for the mags are

1. Custodial
2. Community
3. Fine
4. Conditional
5. Absolute.


Where the mags are considering a custodial/community sentence they...

Must wait for a PSR.


The sentencing procedure is

1. P opens the facts
2. P provides antecedents.
3. P may apply for costs
4. Mitigation & D's costs
5. Sentence/commital.


Where D wishes to pleads guilty to a version of events not accepted by P the options are

1. Court accepts D's version of events.
2. A newton hearing.
3. P may add a count to the indictment and empanel a jury.


At a Newton hearing who bears the burden

P bears the burden beyond reasonable doubt


Who bears the responsibility to alert the court to the need for a Newton

D's counsel.


P's role at a sentencing hearing is

1. To open the facts.
2. Outline aggravating & mitigating factors
3. State relevant statutory provisions
4. Sentencing guidlines
5. Views of V
6. Application for costs or ancillary orders.


The purpose of sentencing is

1. To punish offenders
2. To reduce crime by deterrence
3. Reform and rehabilitate
4. Protect the public
5. Provide reparations to V