Criminal Justice systems

Chapter 1: Gravity And Degree

  • Criminal Code Principle: Sentencing must be proportional to the gravity of the offense and the degree of responsibility of the offender.

  • Example of Armed Robbery:

    • Individual enters a bank armed and commits robbery.

    • Accomplices:

      • Friend in a getaway car waiting outside.

      • Another friend ready to help escape by showing a route to a cottage.

    • All three parties face armed robbery charges despite differing roles in the crime.

Chapter 2: Degree Of Responsibility

  • Court Proceedings: All three individuals charged together and decide to plead guilty.

  • Gravity of Offense: Refers to actual actions and surrounding circumstances.

    • Principal offender (the one who robbed the bank) has the highest degree of gravity and responsibility.

  • Levels of Responsibility:

    • Principal offender: Highest responsibility (committed the crime directly).

    • Getaway driver: Lower gravity since they didn’t enter the bank but aided the robbery.

    • Friend taking them to the cottage: Lowest gravity and degree of responsibility among the three.

Chapter 3: Sentencing Outcomes

  • Charges and Sentences:

    • All charged with armed robbery.

    • Sentences based on degree of responsibility:

      • Principal offender: 10 years in jail.

      • Getaway driver: Approximately 5 years.

      • Accessory after the fact: 3 to 5 years.

  • Factors Affecting Sentencing: Prior criminal records can lead to increased sentences.

Chapter 4: Considerations in Sentencing

  • Judge's Considerations: Various factors affecting sentencing, including:

    • Age of the offender.

    • Family dependents.

    • Criminal record.

    • Level of education.

    • Degree of responsibility in the crime.

A joint submission is when both the Crown and the offender’s lawyer (or duty counsel) agree on the sentence they are asking the judge to give. In most cases, lawyers will agree to a joint submission in a resolution meeting.

However, even when the lawyers have a joint submission, the judge does not necessarily have to agree with them and can still give a different type or length of sentence. In many cases, the judge will agree with the joint submission, but the judge always decides on a sentence.