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The general standard of proof at a sentencing hearing is a "balance of probabilities". If the Crown, however, is relying on an aggravating fact or a prior conviction, the burden of proof is "beyond a reasonable doubt". [3] There are a number of exceptions to the normal rules of evidence. For example, the judge may permit hearsay evidence.
The meaning of absolute or conditional discharge does not exist as such in United States law. However, different jurisdictions within the United States have a variety of analogues. The most direct is the suspended sentence or sentencing to "time served", meaning time spent in custody until sentencing. Many or most states also have alternative ...
In sentencing, when an individual is found guilty of a criminal offence, a Canadian judge must consider the relevant provisions of the Criminal Code as well as relevant Canadian sentencing jurisprudence related to Indigenous Canadians. [3] This distinction is a result of disproportionate sentencing of Indigenous peoples in Canada. [4]
R v Friesen, 2020 SCC 9 is a major decision by the Supreme Court of Canada on sentencing for sexual offences against children and the principle of parity. The Court held that sentences for offences involving the sexual abuse of children should be increased to reflect contemporary social understanding of the harms associated with such conduct, and Parliament's repeated signals to increase ...
A conditional sentence is a custodial sentence. However, the accused is ineligible for remission. Typically accused persons sentenced to custody are given a one-day reduction for every two days served, provided the accused is of good behaviour and follows the institutional rules (see sec. 6 of the Prisons and Reformatories Act). This results in ...
Young Offenders Act, S.C. 1980-81-82-83, c. 110 [20] April 2, 1984. [21] The Young Offenders Act raised the minimum age of criminal responsibility to 12 years, and standardized the maximum age to 16–18 years (depending on the province), as well as setting limits on the length of sentence that could be imposed. Anti-terrorism Act, S.C. 2001, c ...
Criminal law matters relating to young persons (those aged 12 through 17) are dealt with by the Youth Criminal Justice Act which provides for different procedures and punishments than those applicable to adults. It also provides that in some serious cases youths may be treated like adults for sentencing and other purposes.
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