Crown Arguments and Sentencing in Canada

Paper Summary:

This paper refers to two scenarios that can be seen as usual in lower Canadian criminal courts, in comparatively minor charges, with various circumstances to be determined by prosecutors towards recommendations for sentencing. The paper attempts to further understanding about the resistance Canadians show towards the concept of minimum sentences and, on the other hand, why the Canadian public often discusses sentencing as too lenient.

Outline:
Introduction
Case I
Case II
Reflection
Concluding Discussion

From the Paper:

" The matter of a young woman charged with assault and possession of a dangerous weapon does not really involve a dangerous weapon, at all. The young person had made a verbal threat to inject the AIDS virus into a neighbour she claimed had caused a disturbance, on his property, as would be dismissed in terms of whether or not the needle had contained the AIDS virus or the offender's actual intent. A syringe may point to the offender's drug use but it is not illegal to possess one in contrast with selling an item pertaining to illicit drug use. As the matter involves uttering a threat, or assault with a weapon, implying a threat while holding a weapon, considered loosely under this charge, the Crown might request a penalty approximating a compromise between assault with a weapon and mischief. "

Sample of Sources Used:

• Bala, N. Youth Criminal Justice Law. Toronto: Irwin Law, 2003.
• Criminal Code of Canada. Ottawa: Department of Justice, current to September 15, 2006. NB Chapter 22 (Formerly Bill C-41) re Sentencing Reform, 2005.
• Marinos, V. and A. N. Dodd. "Understanding Public Attitudes toward Conditional Sentences or Imprisonment." Criminal Reports. 21: 31-41.
• National Welfare Council. "Justice System Discriminates against the Poor." Ottawa: NWC - Minister of Human Resources Development, 2005.
• Roberts, J. V. and D. P. Cole. "Introduction," in Making Sense of Sentencing. (Toronto: University of Toronto Press, 1999).

More papers on Crown Arguments and Sentencing in Canada:

• Analytical Essay # 130500 : "Sentencing in Canada"
• Persuasive Essay # 133614 : "Poverty and Policy in Canada"
• Analytical Essay # 131267 : "Race and Racism in Canada"

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