INDEX [References are to paragraph numbers] ABDUCTION, 8.830-8.840 ABORIGINAL OFFENDERS, 1.115 ACCESSORY. See MURDER ACCIDENT. See FAILURE TO STOP AT SCENE OF ACCIDENT ADMINISTERING NOXIOUS THING, 8.250-8.270 AGGRAVATED ASSAULT. See ASSAULT; SEXUAL ASSAULT AGGRAVATING CIRCUMSTANCES. See SENTENCING PRINCIPLES, statutory AIDS, PERSON WITH, see also HIV, PERSON INFECTED WITH common nuisance charge and, 5.340-5.360 AIRCRAFT dangerous operation of. See DANGEROUS OPERATION OF MOTOR VEHICLES, ETC. operation of while impaired. See MOTOR VEHICLE, operation while impaired ALTERNATIVE MEASURES. See SENTENCING PRINCIPLES, statutory ALTERNATIVES TO IMPRISONMENT, 1.110 ANIMALS, CRUELTY TO, 11.250-11.270 APPEALS appellate deference, 1.515 bail applications, 1.500 Crown, by, 1.500 October 2018 SENTENCING IN-1
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
INDEX
[References are to paragraph numbers]
ABDUCTION, 8.830-8.840
ABORIGINAL OFFENDERS, 1.115
ACCESSORY. See MURDER
ACCIDENT. See FAILURE TO STOP AT SCENE OF ACCIDENT
ADMINISTERING NOXIOUS THING, 8.250-8.270
AGGRAVATED ASSAULT. See ASSAULT; SEXUAL ASSAULT
AGGRAVATING CIRCUMSTANCES. See SENTENCINGPRINCIPLES, statutory
AIDS, PERSON WITH, see also HIV, PERSON INFECTED WITH
common nuisance charge and, 5.340-5.360
AIRCRAFT
dangerous operation of. See DANGEROUS OPERATION OF MOTOR
VEHICLES, ETC.
operation of while impaired. See MOTOR VEHICLE, operation while
impaired
ALTERNATIVE MEASURES. See SENTENCING PRINCIPLES,statutory
ALTERNATIVES TO IMPRISONMENT, 1.110
ANIMALS, CRUELTY TO, 11.250-11.270
APPEALS
appellate deference, 1.515
bail applications, 1.500
Crown, by, 1.500
October 2018SENTENCING IN-1
APPEALS — continueddangerous offenders, by, 1.535
detention review, 1.500
evidence on. See EVIDENCEextension of time re, 1.500
leave application, 1.540
notice of appeal, 1.500
parole ineligibility, review of, 1.525
powers of court of appeal, 1.520
release pending, 1.500, 1.525
stay of sentence pending, 1.500
summary conviction offences, of, 1.515
Supreme Court of Canada, to, 1.545
vary sentence, 1.515
waiver of, 1.510
APPEARANCE NOTICE
failure to comply with, 4.300-4.320
ARSON
damage to property, 11.150-11.170
disregard for human life —
case summaries —
generally, 11.140generally, 11.120, 11.130
fraudulent purpose, for, 11.200-11.220
negligence, by, 11.230, 11.240
own property, 11.180, 11.190
ASSAULT, see also CAUSING BODILY HARM WITH INTENTaggravated —
imposing, 14.40introduction, 14.10legislation, 14.20rise and fall 1996-2012, 14.10section: past and present, 14.10statutory provisions, 14.20
discharge, absolute and conditional, 1.230, 12.130-140
driving prohibition orders, mandatory, 1.275
fine, 1.155
ability to pay, 1.160amount of, 1.160corporations, against, 1.205default of payment, 12.170-180general provisions re, 1.160, 12.170imprisonment in default of payment, 1.250option programs, 1.175, 12.170procedure for imposing, 12.170-180statutory limit, 1.160time to pay, 1.165victim fine surcharge, 1.255, 12.170-180
firearms prohibition orders, mandatory, 1.270
INDEX
October 2018SENTENCING IN-7
DISPOSITIONS AVAILABLE — continuedprimary — continued
forensic DNA analysis orders, mandatory, 1.280
imprisonment, 1.270
conditional. See conditional sentence of imprisonment, supra.dangerous offenders and, 1.240intermittent sentences, 1.220life imprisonment, 12.290-300mandatory minimum, 1.225
maximum period of, 1.215murder, for —
first degree, 1.245second degree, 1.250
statutory provisions re, 12.230young offender, 12.230-240
probation —
breach of, 12.150-160conditions of, 1.265, 12.150-160fine or imprisonment, in addition to, 1.255intermittent sentence, in conjunction with, 1.260order, 1.240, 12.150
suspended sentence, 1.240
DISTURBANCE, CAUSING PUBLIC, 5.280-5.300
DOMESTIC VIOLENCE
aggravated assault, 8.660/165-8.660/220
assault causing bodily harm, 8.630/155
assault with weapon, 8.600/130-8.600/160
common assault, 8.570/57-8.570/140
manslaughter, 8.150/80-8.150/135
sexual assault, 8.720/290-8.720/340
DRIVING OFFENCES. See MOTOR VEHICLE
DRIVING PROHIBITION ORDERS, 1.220
DWELLING HOUSE, see also BREAKING AND ENTERINGbeing unlawfully in, 9.220-9.240
ELECTED OFFICIALS. See BRIBERY, judicial officials
ESCAPE FROM LAWFUL CUSTODY. See PRISON BREACH
INDEX
IN-8
EVIDENCE
appeal, on —
fresh evidence, rules re admission, 2.100
informal information, 2.100
material before court, 2.80
trial judge’s report, 2.90
witnesses, 2.100
certificate of analyst, proof of, 2.40
counsel submissions, 2.70
determination of facts —
disputed facts, 12.110
hearsay rule, 2.20
mitigating/aggravating factors, onus re, 2.20
standard of proof, 2.20
documents, copies of, 12.110
drug-related, 2.40
offender’s background, 2.60
other offences, consideration of, 2.30, 12.110
untried offences under common law, 2.30
pre-sentence report, 2.60
previous convictions, 12.110
probation officer report, 2.60, 12.110
production and submission of, 12.110
proof of certificate of analyst, 12.110
sentencing hearing, 2.10
statutory provisions, 12.110, 12.120
victim impact statement, 2.50, 12.110
EXPOSING GENITAL ORGANS. See GENITALS, EXPOSING
EXTORTION, 9.160-9.180
Tackling Violent Crime Act, 9.160
FAILURE TO APPEAR, 4.300-4.320
FAILURE TO PROVIDE BREATH SAMPLEgenerally, 8.400
where bodily harm caused, 8.430
FAILURE TO STOP AT SCENE OF ACCIDENT
associated criminal violations, 8.370
case summaries, 8.390
generally, 8.370, 8.380
FALSE PRETENCES/STATEMENT, 9.280-9.300
INDEX
October 2018SENTENCING IN-9
FINES. See DISPOSITIONS AVAILABLE, primary
FIREARMS, see also WEAPONS
careless use, etc. of, 3.80, 3.110, 3.120
causing bodily harm with intent, 8.243
determining second and subsequent offences, 3.50
discharging intentionally or recklessly, 8.243
case summaries, 8.247
importing/exporting, 3.260
order prohibiting possession of, 1.270, 1.310, 1.285
children, offences against, 1.70denunciation of unlawful conduct, 1.30deterrence, 1.35
general, 1.45specific, 1.40
disparity, 1.100‘‘fundamental purpose of sentencing’’, 1.25, 12.70imprisonment alternatives, 1.110mitigating factors, 1.90peace officers and other justice participants, offences against,1.75
promotion of sense of responsibility in offender, 1.65proportionality, 1.80protection of society, 1.25provisions re, 1.20rehabilitation, 1.55separation of offender from society, 1.50totality, 1.105victim/society reparation, 1.60
time calculation, 12.90, 12.100
traditional factors, 1.15
vengeance and retribution, 1.30
SEX OFFENDER REGISTRY. See NATIONAL SEX OFFENDER
REGISTRY
SEXUAL ACTIVITY, COMMODIFICATION OFadvertising, 8.880