Sentences with phrase «fit sentence»

Have students choose one word which fits every sentence.

The judge in the case will weigh both mitigating (factors that work in the favor of the accused) against aggravating factors (factors that work against the accused) to determine a just and fit sentence for the crime committed.

[1] The central issue in this appeal is whether a sentence otherwise falling within the range of fit sentences can be varied by an appellate court on the basis that the offender would face collateral consequences under the Immigration and Refugee Protection Act, S.C. 2001, c. 27 («IRPA»), s. 64, that were not

Effect Restitution orders are to be treated as «part of the determination of an overall fit sentence, and general sentencing principles apply».

Once you have been convicted of a crime, the judge presiding over the case will weigh both the aggravating the mitigating factors in the case to determine what a just and fit sentence would be.

For these reasons, the task of crafting a fit sentence can be far more challenging for a justice of the peace sitting in Provincial Offences Court than for a judge of the Provincial Court (Criminal Division).

Recognizing that «[a] trial judge can only determine what a fit sentence should be after he [or she] has heard all relevant evidence in open court on that subject and listened to the submissions of counsel» (R. v. Dubien (1982), 67 C.C.C. (2d) 341 (Ont.

They emphasize denunciation, general deterrence and retribution at the expense of what is a fit sentence for the gravity of the offence, the blameworthiness of the offender, and the harm caused by the crime.

The court will need to know how, and which, aspects of historical and current trauma impact on the Aboriginal Offender waiting sentence and how they relate to a fit sentence in accordance with the Gladue Principles.

It is my duty to impose a fit sentence for each offence.

The B.C.C.A. added a judge can consider other offences, not to punish the offender for those offences, but to determine a fit sentence based on his or her character, conduct and attitude.

Judges must have the discretion to meaningfully consider all of these factors when determining a fit sentence, and limiting that discretion violates the Charter rights of some women offenders.

B. Does s. 753 (4.1) lead to a grossly disproportionate sentence, contrary to s. 12, by presumptively imposing indeterminate detention and preventing sentencing judges from imposing a fit sentence consistent with the principles and objectives of sentencing?

Taking into account the financial circumstances of the applicants, the sentencing judge did not find it to be part of a fit sentence to impose a victim surcharge as part of any of their sentences.

What is a fit sentence for those alcoholics who breach that condition?

Here, the trial judge thought a fit sentence would be a suspended sentence with probation, but this was not possible under the Act.