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Ontario|Criminal LawTrial Process: Defending a Charge 761 Sentencing
- What is sentencing?
Sentencing is where a judge decides what penalty to give a person who was found guilty at trial. Sentencing can occur immediately following the end of the trial, or it can be scheduled for a later date.
- Maximum sentences in the Criminal Code
The Criminal Code usually sets out the maximum fine and the maximum prison sentence for each offence. Although sentences will vary widely, penalties for less serious offences usually have a maximum sentence of six months in prison and a fine of $2,000. In some cases, probation is available. Sentences for more serious offences range from short prison sentences to life in prison. In certain cases, a prison sentence of less than 2 years can be served out of jail, and in the community. A judge rarely gives the maximum sentence. Some offences have mandatory minimum sentences which means that you must serve at least a minimum amount of time if you are found guilty.
- Other factors considered in sentencing
Before the judge decides on the penalty, the defence lawyer and the Crown prosecutor are each given an opportunity to tell the judge what they think an appropriate sentence should be. The judge considers a number of personal factors when deciding a sentence, including your age, whether you are married, whether you have young children, and whether you have a job. The judge will also look at the circumstances of the offence, whether you have committed any offences in the past, whether violence was involved, whether you are a danger to society, whether your crime was planned, and whether you cooperated with the police.
There are many different kinds of sentences. A judge may order that the guilty person pay a fine, go to prison, be supervised by a probation officer, or be prohibited from doing or possessing something. For example, a judge may order someone convicted of impaired driving to pay a fine and be prohibited from driving for one year.
You should always be represented by a lawyer when you are being sentenced.
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