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The court is allowed to take into account prior findings of guilt when determining the appropriate sentence. [3] For some offences, a prior finding of guilt will create a higher minimum sentence. However, the court cannot rely on the higher minimum sentence unless the Crown notified the defendant prior to defendant's plea. [3]
Either party may appeal a sentence unless the sentence is one fixed by law. Either party is entitled to a further appeal to the Supreme Court of Canada against a conviction or acquittal if a judge of the court of appeal dissented on a question of law or if the court of appeal allowed a Crown appeal against an acquittal and substituted a conviction.
In R v Safarzadeh‑Markhali, the Court held that proportionality - the principle that a sentence must be consistent with the gravity of the offence and the degree of responsibility of the offender - was not a fundamental principle of justice, despite being a foundational principle of sentencing under the Criminal Code. The Court held that ...
In R. v. Nova Scotia Pharmaceutical Society the Supreme Court of Canada found that an open-ended statute (prohibiting companies from "unduly" lessening competition) was not a breach of Section 11(a). In R. v. Delaronde (1997), the Supreme Court of Canada found section 11 (a) is meant not only to guarantee a fair trial but also to serve as an ...
Important Canadian criminal laws not forming part of the Code include the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act and the Contraventions Act. The Code underwent a major revision in 1954 but nonetheless remains the fundamental criminal law of Canada ...
In certain states, a court reporter is a notary, by virtue of their state licensing, and a notary public is authorized to administer oaths to witnesses and certify that their transcript of the proceedings is a verbatim account of what was said—unlike a court recorder, whose job is to operate audio recording devices and send the recorded files for transcription over the internet.
Syed’s attorneys petitioned the court last December for the sentence reduction under Maryland’s Juvenile Restoration Act, a 2021 state law allowing individuals who were minors at the time of ...
Subsection 718.2(e) is a guiding principle and not a substantive power. Therefore, the court is not at liberty to impose a sentence outside the range of legally available penalties. For example, if there is a minimum sentence of imprisonment, the court cannot use the Gladue Principle to impose a sentence lower than the minimum.