Canadian Criminal Sentencing/Appendix/Checklist

This checklist consists of issues that are often considered in preparation for sentencing. The list is based on the one found at the Law Society of British Columbia website [1].

Crown Preparation

prepare and review summary of facts
prepare copy of accused's record
consider PSR (s. 721)
obtain victim impact statements (s. 722(4))
consider restitution, may need to call evidence if not in agreement (s. 738)
prepare and review cases on sentence
prepare list of conditions appropriate for sentence (on CSO or probation)

Defence Preparation

obtain letters of reference and support

Client's background

Age
History of places of residence
Family relations ( siblings, spouses, children )

Education

Level of Education
Post-secondary education
Certificates earned / licences

Employment

Employment history
employment prospects

Offence Circumstances

accused mental state at time (intoxication/personal difficulties)
degree of contact with victim (e.g. physical contact/proximity)
degree of harm to victim
degree of violence (intended/actual/threatened/potential)
attempts to minimize violence
use of a weapon
degree of provocation
whether accused was in a position of trust
whether offence was isolated or part of enterprise
role of accused (prinicpal; follower; instigator; intended outcome)
Motive
Impact on the offender (lost licence/job/relationship)
Whether accused co-operated with police

Risk to the Public

whether record has numerous offences and suggests removal from public necessary
whether record has serious offences and suggests removal from public necessary
whether accused is a dangerous, mentally unstable person and needs to be removed from public
extent to which there are similar offences in the community
whether the accused's income comes from illegal activity and makes it a livelihood

Rehabilitation

whether there is a persistent pattern of criminal activity (note periods of time in community without criminal activity)
consider motive for offence (e.g. lead-up) and whether it could happen again
whether the client is remorseful and willing to report such to the court
consider physical/mental disabilities that are treatable/controllable
consider addiction history (treatment programs, dates, and outcomes)

Supporting evidence

Sources

obtain consent to release documentation (medical, school, etc.)
get contact info for collateral sources as character references
get name of probation officer and get permission to contact them (contact probation officer and get input)

Documents

Pre-sentence report
get letters of reference (employer or character reference)
letter from probation officer or corrections officer on progress
restitution amount
apology letter to victim
medical/psychiatric reports

Sentence issues

Dispositions

ability to pay fines (if so, time needed to pay)
ability to complete community service (if not, why?)
ability to comply with boundary conditions (stay away from areas or people)
Possibility of a request for a DNA Order (consider reasons why not)
Possibility of a request for a weapons prohibition (consider reasons why not)

Procedure

review recommendations of parties
remind of opportunity to address judge
notify of victim fine surcharge

Dispositions

Withdraw
Diversion
Peace Bond
Absolute Discharge
Conditional Discharge
Suspended Sentence
Fine
Conditional Sentence
Intermittent Jail
Provincial Jail
Federal Prison
Driving Prohibition
Restitution
DNA Order
SOIRA ORder
Weapons Prohibition Order

Probation

keep the peace and be of good behaviour;
appear before the court when required to do so by the court; and
notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation.

report to a probation officer
- within 2 working days, or as the court directs, and
- thereafter, when required by the probation officer;
remain within the jurisdiction of the court unless written permission to go outside that jurisdiction;
abstain from
- the consumption of alcohol or other intoxicating substances, or
- the consumption of drugs except in accordance with a medical prescription;
abstain from owning, possessing or carrying a weapon;
provide for the support or care of dependents;
perform up to 240 hours of community service over <= 18 months;
if the offender agrees, participate actively in a treatment program approved by the province;
attend at a treatment facility for assessment and curative treatment in relation to the consumption by the offender of alcohol or drugs that is recommended pursuant to the program;
where [there is] a program governing the use of an alcohol ignition interlock device by an offender and if the offender agrees to participate in the program, comply with the program; and
comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for protecting society and for facilitating the offender’s successful reintegration into the community.

Sentencing Procedure

Crown submissions:

crown states position on sentence
crown establishes facts to be relied upon
1. read summary of facts
2. call witnesses if disputed facts (s. 724(3)(a)) or call witnesses anyway (s. 732(2)) [hearsay is admissible (723(5))]
3. facts are on record already from trial
submit criminal record
submit notice to seek increased penalty
submit / read victim impact statement
review and comment on pre-sentence report
review and comment on relevant cases
make recommendation on conditions in probation or CSO
request ancillary orders

Defence submissions:

offender's background including employment, family, health, and financial circumstances
submit letters of recommendation and character witnesses
review and comment on relevant cases
make recommendation on sentence
comment on ability to pay the victim fine surcharge / time needed to pay any fines
comment on any ancillary orders being requested
comment on conditions in probation or CSO (particularly with curfew and house arrest exceptions)