Chapter 11: Sentencing

Purpose and Objective of sentencing

consequence for someone who has violated the law

Most POA offences have a - penalty

monetary

T/F: justice can ask financial questions of defendant

true, but defendant doesn’t have to answer

Sentence must be proportional to

gravity of the offence

degree of responsibility of offender

Specific deterrence

to deter the individual defendant

General deterrence

sends a message to others

Focus of POA sentencing is

deterrence

POA courts tend to emphasize

deterrence and compliance

Key element of sentencing is

proportionality

Part I and II max fine

$1000

Part III max fine

$5000

Charging act can specify what things

fine range

max/min fine

additional sentencing options for offences

Aggravating factors include

conduct during offence and court

public safety

prevalence of offence

previous convictions

Mitigating factors

clean driving record

remorse, apology

seriousness of offence

likelihood to not reoffend

Fines at trial are determined by the - in accordance with -

justice

charging act and POA

Fixed costs are - added by the -

automatically

court administration staff

Victim fine surcharge is only applicable to which parts

part I and III

Amount of victim fine surcharge corresponds to

amount of fine

Unless otherwise ordered, fines must be paid

within 15 days

If offender needs more time to pay you can bring a - which is form -

motion for extension of time to pay

Form 125

Defaulting on fine payment is subject to

civil enforcement

Orders that can be made if someone is in default of fine payment

suspension/non renewal of permit, license, registration, privilege

warrant for attendance before justice

term of imprisonment

extension of time to pay

payment schedule

report to consumer reporting agency

Imprisonment only for Part - offences

III

Imprisonment is unlikely for

first-time offenders

What report can be requested before imprisonment

pre-sentence report

Imprisonment must commence within —-

30 days of sentencing

If term of imprisonment is less than 90 days it can be served -

intermittently

Probation orders cannot be used for - offences

absolute liability

Victim fine surcharge is allocated to

programs and services to assist victims of crime