Considerations in Sentence

When considering what is a ‘just’ sentence the Court is generally concerned with (a) getting to know who the person is, and (b) what were the circumstances surrounding the offense that the person was just convicted of?

Some of the circumstances of the offender may be relevant if they lead to the offender committing the crime.  So Court Workers need to assist the court in knowing what type of individual the convicted person is?  This may include such things as:

• When and where the person was born?
• What is their marital status?
• Does the spouse have a job and if so, what and how much do they make?
• Does the person have any children?
• Do the children live with them?
• What is the type of relationship with their immediate and extended family - good, isolated, etc.?
• Does the person have any disabilities that affect their day-to-day life?
  

Also the court will want additional information regarding the offenders education, employment, previous criminal record and other supplementary information.  We have set below here, more details regarding this other information.

The Person

The Courts will want to know what kind of person the accused is and will include information such as 

•  their age and where they were born
• their marital status and the stability of that relationship both in the past and current circumstances
• does the accused person have children, do they reside with the accused, does the accused provide financial support, if relevant, does the accused have visitation or ongoing contact with these children

Education

• Level of education the person was able to finish? Do they have any additional trade schooling or other special skills?
• Where and when was the person educated, any recognitions or awards during education career?

Employment

• Does the defendant currently have a job? If not, when was the last time they worked? If so, how much do they make, what are their financial obligations, including any child, elderly, disabled family member or spousal support?
• If employed, where? Is the work full-time, contract, part-time or casual?
• How long have they been working there?
• Is the person unemployed?
• If so, for how long?
• What is the plan to find employment?
• If on Employment Insurance how much do they get?
• Have they taken any upgrading courses?
• Any reason why the person can’t work?
• Medical (if so, bring proof)
• Having to care for children, elder?

Previous Criminal Record

• Once a person is convicted, then it is open to the Crown to submit a criminal record if any exists.
• Even so, the person is not required to make any comment about their criminal record.  

Supplementary

 Is the person aboriginal?

• This is important for purposes generally, but also for section 718 of the Criminal Code.
• Are there any personal circumstances that are relevant for the court to consider for purposes of sentencing.
• If the person wishes to apologize to any victims (including family), it ought be done in sentencing.
• What, if any, will be the impact on the person’s life with this conviction?

About the Offence

The court considers if there are any aggravating or mitigating circumstances that will assist the Court in assessing the sentence that would be