By the end of this chapter, you should be able to:  LO1 Identify the sentencing principles that guide the judiciary in Canada  LO2 Describe the adult sentencing options available to the courts  LO3 Identify the factors that are considered when sentencing decisions are made  LO4 Identify elements of sentencing disparity that exist in Canada Copyright 2013 McGraw-Hill Ryerson Ltd. 1 LEARNING OBJECTIVES

Canadian law states that sentences should be proportionate to the offence, and reflect the degree of the offender’s responsibility Copyright 2013 McGraw-Hill Ryerson Ltd. 2 LO3 SENTENCING CONSIDERATIONS

 The judge must consider a number of factors at sentencing including:  Guilty plea  Pre-sentence reports  Pre-trial custody  Criminal record  The circumstances related to the offence and offender  The penalty for the offence  Aggravating and mitigating circumstances  The victim and the victim impact statement Copyright 2013 McGraw-Hill Ryerson Ltd. 3 LO3 SENTENCING CONSIDERATIONS

There are some offences that come with a mandatory minimum sentence. The judge does not have discretion and must sentence according to the Criminal Code guidelines. Examples include:  Firearms offences  Child prostitution  Impaired driving Copyright 2013 McGraw-Hill Ryerson Ltd. 4 LO3 SENTENCING CONSIDERATION

 Following conviction and sentencing for some sexual offences, offenders may be ordered to register personal information to assist the police in the prevention and investigation of sexual offences Copyright 2013 McGraw-Hill Ryerson Ltd. 5 LO3 THE SEX OFFENDER REGISTRY