Sentencing Hearings

If you are found guilty at a trial or elect to plead guilty, you are required to attend a sentencing hearing. Even if you were self-represented at trial, it is advisable to seek assistance from a lawyer at this crucial stage.

The Crown will recommend a sentence they think is appropriate. You also can suggest to the court what you consider to be a fair sentence. If you disagree with the Crown’s proposed sentence, you can explain why to the court. For example, if the prosecutor proposes a period of house arrest that requires that you not leave the city, you could tell the court how that will prevent you from seeing your children, if they are living with the other parent in another city.

Though you have been found guilty of a crime, a sentencing hearing gives you a chance to show the court why you are worthy of leniency. Ask family members, friends or your employer for character reference letters. If alcohol or drugs played a role in your criminal actions, show the court you are addressing that through a treatment or rehabilitation program. Anything about your background or present circumstances that will help the judge understand your efforts to be a contributing member of society can be mentioned.

Before your sentencing hearing, check the Criminal Code to see what the maximum penalty is for the crime you have committed. Some offences have a minimum sentence. Also, do some research and find cases similar to yours. This is referred to as precedent. If someone was given a light sentence in a similar circumstance, you can bring up that case at your hearing and suggest the same punishment should apply.

Self-represented litigants should talk to the Crown attorney before the hearing to see if you can reach agreement on an appropriate sentence. If you do come to an agreement, you can jointly present this to the judge. In most cases, judges will agree to that sentence unless they feel it is unreasonable in the circumstances. The judge always has the final say about what is the appropriate sentence.

In every sentencing, the judge will consider mitigating factors and aggravating factors before passing judgment. Mitigating factors are any circumstance that indicate a reduced sentence is fair. A guilty plea is one example, as it saves the court time and resources it would otherwise have spent on a trial.

Aggravating factors are any circumstances that could lead to an increased sentence because they increase the severity of the offence. This could include the use of a weapon during the crime or offences motivated by bias based on race, sex, religion, age, sexual orientation or gender identity.