If you are found guilty of a crime in Canada, the judge will decide on your sentence at a sentencing hearing. The judge will consider a number of factors when deciding on your sentence, including:
- The nature and severity of the crime
- Previous related court cases
- Your criminal record
- Your personal circumstances, such as your age, employment, and mental health
- The impact of the crime on the victim(s)
Need consistency – sometimes periods in these bullet point lists, sometimes not.
The judge will also consider the principles of sentencing, which are set out in the Criminal Code of Canada. These principles include:
- Denunciation: The sentence should express society’s disapproval of the crime.
- Deterrence: The sentence should deter the offender and others from committing similar crimes.
- Rehabilitation: The sentence should help the offender become a law-abiding citizen.
- Reparation: The sentence should help the victim(s) recover from the crime.
The types of sentences that a judge can impose include:
- Absolute discharge: This means that you will not have a criminal record for the offence.
- Conditional discharge: This means that you will not have a criminal record for the offence if you meet certain conditions, such as staying out of trouble or attending counseling.
- Fine: You will have to pay a certain amount of money to the court or victim services.
- Restitution: You may be ordered to financially compensate the victim if your actions hurt them financially.
- Probation: You must fulfil certain conditions, such as reporting to a probation officer or staying away from certain people or places.
- Community service: You must perform unpaid work for the community.
- Imprisonment: You will be sent to jail for a certain period of time.
If you are sentenced to imprisonment, you will serve your sentence in a provincial or federal correctional facility. The length of your sentence will depend on the nature and severity of the crime.
You have certain rights during the sentencing process, including the right to be represented by a lawyer, the right to present evidence, and the right to appeal your sentence.
Here are some things to keep in mind if you are found guilty of a crime in Canada:
- You have the right to be treated with respect and dignity throughout the sentencing process.
- You have the right to ask questions and to have your questions answered.
- You have the right to challenge the evidence against you.
- You have the right to present evidence and to call witnesses on your behalf.
- You have the right to appeal your sentence.
If you are unsure about your rights or about the sentencing process, you should speak to a lawyer.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.