A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation. The Court is required to decide whether to issue a restitution order for all offences. The appropriate balance of factors and considerations remains a topic of debate and is likely to continue to do so in the future. The offender must provide certain information, including their home and work addresses, their driver's licence number, licence plate number and their physical description (height, weight and distinguishing marks). The Court must base the amount on the victim's records of his or her actual financial losses caused by the crime. to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; to deter the offender and other persons from committing offences; to separate offenders from society, where necessary; to provide reparations for harm done to victims or to the community; and. A fine may only be imposed where the court is satisfied that the offender is able to pay the fine or discharge it under a fine option program. She took up residence in Canada. As soon as possible after the crime – The victim should start recording their financial losses as soon as possible after the crime. Her evidence that the offender, in committing the offence, abused a person under the age of eighteen years. evidence that the offender, in committing the offence, abused the offender's intimate partner or a member of the victim or the offender's family. The result of each challenge to mandatory minimum sentences based on the Canadian Charter of Rights and Freedoms depends on the specific minimum and offence, as there is no general rule about whether mandatory minimum sentences are constitutional. Section 718 of the Code states as follows: The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: As noted by the Supreme Court of Canada in R. v. Nasogaluak, “No one sentencing objective trumps the others”;10 however, there are some offences for which certain objectives are to weigh more heavily. A Milton Station man who was arrested the day after a police officer gave up chasing his vehicle for safety reasons was recently given a suspended sentence… A breach of conditions for a conditional sentence must be established on a balance of probabilities.69, Imprisonment is the most serious sentence in our legal system today. 4. Essentially, such a sentence is found to be necessary for public safety, and the offender is either incarcerated or on parole for their entire life.88 To be given this designation, the offender must be a threat to life, safety or physical or mental well-being of other persons based on, A person who commits a sexual assault under sections 271 to 273 of the Code and whose conduct has demonstrated a failure to control their sexual impulses and is likely to cause injury, pain or other evil to other persons because of that will also be found to be a dangerous offender.90 Approximately two‑thirds of those designated as dangerous offenders have at least one current conviction for a sexual offence.91, A dangerous offender designation must be requested prior to sentencing unless certain exceptions are satisfied.92 A dangerous offender is given an indeterminate penitentiary sentence unless there is a reasonable expectation that a shorter period of incarceration of two years or more plus a long-term supervision order for up to ten years or a regular sentence will adequately protect the public against murder or serious personal injury by the offender.93 If an offender is not found to be a dangerous offender, they can be found to be a long-term offender or sentenced normally.94, The Parole Board of Canada (PBC) reviews the case for the first time seven years after the offender is taken into custody and every two years thereafter unless the sentence was imposed before 15 October 1977, in which case they are eligible for annual review of their detention.95, The long-term offender designation was created in 1997 primarily for sexual offenders but also for violent offenders who do not meet the criteria for a dangerous offender designation but require specific attention.96 The Supreme Court of Canada has noted that the period of supervision is not a factor when considering how long the offender should be incarcerated since incarceration and supervision have different objectives.97It is necessary to notify the attorney general when an application for long-term offender designation is made (but not when an application for dangerous offender designation is made).98, The offender must have been convicted of a serious personal injury offence or an offence under section 753.1(2)(a), which lists various sexual offences.99 To receive such a designation, it must be appropriate to impose a sentence of two years or more for the offence; there must be a substantial risk that the offender will reoffend; and there must be a reasonable possibility of eventual control of the risk posed by the offender in the community.100 If the court concludes that an offender is a long-term offender, they must generally receive a sentence of at least two years' imprisonment and up to 10 years of supervision in the community.101 It is possible to later request a reduction in the period of supervision if the offender is no longer at substantial risk of reoffending.102 Breaching a long-term supervision order is a hybrid offence with a maximum of ten years' imprisonment.103, Temporary absences may be escorted or unescorted and may be granted for a variety of reasons, including community service, contact with family, personal development and medical reasons. Imprisonment for non-payment of fines is also provided for in section 734 of the Code.53, An offender must pay a victim surcharge of $100 for a summary conviction offence, $200 for an indictable offence or, where the sentence includes a fine, the surcharge is an additional 30% of the amount of the fine. In addition, the deterrent effect of mandatory minimums has been questioned, and the increased costs to the criminal justice system have been critiqued. The Canadian approach has been criticized by some commentators. The prosecution said that … A person on probation remains out of custody but is supervised by a probation officer and must follow any conditions included in the probation … Persons convicted of either degree of murder must be sentenced to imprisonment for life. CSC can request that an offender remain imprisoned until the end of their sentence, but this then means that the offender is released into the community without any supervision. 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