A critical aspect of Canadian criminal law is  the sentencing hearing. This phase follows when an individual is found guilty or pleads guilty to a criminal offence. It’s during this hearing that a judge determines the appropriate sentence based on various factors.

Understanding Sentencing Hearings

The Purpose of a Sentencing Hearing

A sentencing hearing is convened to decide on the most suitable penalty for a convicted individual in regards to their conviction. This decision is influenced by the specifics of the crime committed and the offender’s background. The judge meticulously examines all facts presented to ensure the sentence aligns with the severity of the offence and the offender’s history.

Aggravating and Mitigating Factors

  • Aggravating Factors: These are elements that might intensify the severity of the crime. For instance, in domestic assault cases, the extent of physical harm can significantly affect the seriousness of the offence.
  • Mitigating Factors: Conversely, factors that lessen the gravity of the crime or demonstrate the offender’s positive attributes, also plays an important role. A clean criminal record, community standing, or proactive steps such as the accused taking proactive  counseling can influence the judge’s decision.

The Role of Defence and Prosecution

Defence Strategy

Defence counsel’s responsibility is to present you in the most favorable light possible. This includes highlighting mitigating factors such as lack of prior criminal activity, community contributions, and any rehabilitative efforts undertaken. The goal is to advocate for a sentence that accurately reflects not only the nature of the crime, but also the character and circumstances of the offender.

Prosecution’s Aim

On the other side, the Crown’s objective is to argue for a sentence at the higher end of the spectrum. They will emphasize aggravating factors and the need for a sentence that serves as a deterrent to others and addresses the severity of the offence.

The Sentencing Range in Canadian Law

Canadian law stipulates ranges for sentences to ensure fairness and consistency. However, the exact sentence within that range can vary significantly based on the case’s specifics and the judge’s discretion. The job of defence lawyers at a sentencing hearing is to argue for a  fair penalty towards the lighter end of the appropriate range.

The sentencing hearing can be complex and requires a deep understanding of legal principles and a strategic approach to defence. At Kruse Law Firm, we pride ourselves on our skill and dedication to representing our clients effectively during these hearings. Our commitment is to navigate this challenging phase with you, ensuring the best possible outcome in court.

Video Transcription:

Welcome to our website. My name is Mike Kruse. I’m the principal and owner of Kruse Law Firm. I’m here today to talk about the sentencing phase in Canadian criminal law. It’s called a sentencing hearing. So obviously, if you’ve been found guilty of a criminal offense or you pled guilty to a criminal offense, the judge has to decide what is the appropriate sentence to impose in your particular case and this is based on a myriad of factors and the judge, we go into the sentencing phase, that’s sentencing hearing. At that hearing obviously the judge has all of the facts of the crime that you committed so crimes sometimes are aggravated, sometimes they’re lessened crimes. It depends on the situation, for example, in a domestic assault, a slap in the face is a lot less serious than someone with a broken nose. Obviously the person with the slap of the face is going to receive quite a lesser sentence. Those are called aggravating and mitigating factors that the judge has to examine so he has to look at the facts of the case. Second, he has to look, he or she has to look, at the offender’s background. It’s my job as a lawyer to present you in the best possible light, say you have no prior criminal record, you’ve been an upstanding member of the community. You made a mistake. We might do counseling for you. We may get character reference letters. This is all presented to the judge at the sentencing hearing. A sentencing hearing can take an hour, it could take all day. On a serious case it could take multiple days. It’s our role then to try and mitigate that – lessen your sentence. And the judge has to take into account all factors. Conversely, the crown’s trying to get the longest sentence possible. There are ranges of sentences in Canadian law, the judge has to sentence you basically within that range but my job as defense counsel is to try and get you as light as we can in that range, you know, given the facts of the offense and your background so that’s it, that’s the sentencing hearing and it’s an interesting process. It’s a real skill and art form to present you in the best possible light and that’s our job and that’s what we’re going to do for you in court.
By Published On: August 1, 2023Last Updated: July 21, 2025Categories: General, Video

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