Speaking to Sentence A Practical Guide

Mr. Justice Gilles Renaud

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This practical guide to sentencing focuses on the mitigating and aggravating principles of sentencing organized along broad thematic lines. Principles of sentencing are classified under various themes to enable the practitioner to find the precedents he or she needs when making representations on sentencing. The chapters in the book are organized to track the reasoning process commonly followed by sentencing judges in order to enable the advocate to structure sentencing submissions that parallel this thought process. The relevant cases are easily accessed through a detailed index and can be easily cited in court. The fundamental principles underlying all sentencing decisions are examined, as well as the offender's situation. A major focus of the book is the potential for reformation as opposed to recidivism, as evaluated by the offender's maturity, character, behaviour, attitude and willingness to make amends. The discussion is framed in such a way as to underscore the moral blame attaching to the conduct and to the offender. Finally, the author considers a number of other relevant principles and circumstances such as totality, the guilty plea and the impact of secondary penalties. A very useful resource designed to enhance the ability of criminal law practitioners to select the correct sentence from the vast body of case law and to assist them in persuading the Court as to the merits of the proposed sanction. The index contains detailed references to every judgment cited throughout.


Practice Area:
Criminal Law and Procedure


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