There is often a great disparity in punishment for individuals who have been found guilty of criminal offences. The Criminal Code of Canada provides Judges with instructive guidelines that should be applied when sentencing occurs. In Chapter five we will cover sentencing and punishment and the various issues attached to each area. Even with the teachings reviewed in this course on the topic of punishment, there is some value in putting what is written into practice.
This term each student will be required to complete written submissions on sentencing. Students will be provided with a case scenario that involves the accused at the sentencing phase of the case. The scenarios will vary in offences, among other things.
The student will be assigned the role of Crown or Defence counsel and will be asked to make representations with respect to their case. The student will be required to make written submissions applying the facts to the current and related area of law.
- To provide student with an opportunity to apply their knowledge of the law
- To increase learning through meaningful feedback
- To provide variety to the lecture
This assignment will be worth 30% of the student’s overall mark
The assignment should be a maximum of seven (7) pages typewritten.
The assignment should include the facts as well as the applicable section(s) of the Criminal Code that reflects the crime. Submissions should include guidelines and principles that ought to be considered and MUST clearly state the position on sentencing. The range of sentencing available to the Judge as well as the anticipated position of the other side should be included. Submissions MUST also include relevant and applicable jurisprudence with citations. Minimum of three (3) cases.
The following is a breakdown of the areas and the marking scheme that will be applied in grading. Students should use this as a guide to assist them in their preparation.
Presentation – 25 Marks
- Clarity/flow of facts and law – 10
- Expresses confidence in position – 5
- Displays organization of notes/materials – 10
Terminology – 10 Marks
- Use of appropriate terms – 5 marks
- Displays understanding of terms – 5 marks
Jurisprudence – 45 Marks
- Use of caselaw (3 cases ) -15 marks
- Appropriate application of law – 25
- Displayed use of relevant caselaw – 5
Knowledge of law – 20 Marks
- Answered anticipated questions/position of the other side -5
- Displayed knowledge and understanding of facts/law – 15