Sentencing Cheat Sheet

Accused:
Court Files:
Defense Counsel:

ISPs:
File ISP

TOTAL:

Summary of Informations:
File Counts

Overview of Circumstances:
File Overview

Aggrivating/Mitigating Factors
Factor Summary

Principles of Sentencing:
Principle Application
Denunciation
Deterrence
Rehabilitation
Protection to

the Public
Reparations
Sense of

Responsibility
Aboriginal

Considerations
Crowns Position on Sentencing:
TOTAL:

File: Sentence

Pre-trial Custody:
TOTAL:

Court File: #####

Victoria Court Registry

IN THE _________ COURT OF BRITISH COLUMBIA

REGINA

v.

NAME

CROWNS BOOK OF AUTHORITIES ON SENTENCE

TALKING INDEX

Insert Issue
TAB CASE COMMENT
COMPARISON CASES
TAB CASE OFFENCE OFFENDER SENTENCE
 Court File: #####
Victoria Court Registry

IN THE _________ COURT OF BRITISH COLUMBIA

REGINA

v.

NAME

SENTENCING INFORMATION

Pre-Sentence Custody
Total amount of pre-sentence custody

Portion during which offender was serving sentence on unrelated matter

Amount of pre-sentence custody to be credited towards new sentence

Pre-sentence custody with enhanced credit at a rate of 1.5 to 1

Apportionment of Sentences
Offence Proposed Sentence Concurrent/Consecutive

Total Effective Sentence

Total Sentence to be Imposed
 ANCILLARY ORDERS

Section of Discretionary
Order Duration
the Code /Mandatory
1st offence: 10 years to life (depending on the weapon)
Weapons Prohibition
109 Mandatory
re Listed Offences
2nd and subsequent offences: life.
Discretionary
Up to 10 years
Weapons Prohibition
re offences other The court shallconsider whether it is
110 However can be up to life if during commission of the offence,
than those listed in s. desirable in the interests of the safety of
violence was used again the offenders intimate partner, or the
109 the person or any other person to make
child, parent or roommate of offender or intimate partner.
the order
Prohibition re listed Discretionary
offences against
161 Up to life.
persons under the The Court shall consider making the
age of 16 order and may make the order.
1st Offence: 1-3 Years
Driving prohibition
re drinking and 259 Mandatory 2nd Offence: 2-5 Years
driving offences
Subsequent offences: no less than 3 years.
Prohibition re 1st Offence: any period the court considers appropriate
offences of animal 447.1(1) Discretionary
cruelty 2nd and subsequent offences: minimum of 5 years
 Forfeiture of Mandatory,
proceeds of crime upon court being satisfied on balance of
upon conviction (or 462.37(1) probabilities that the property is proceeds N/A
s. 730 discharge) of of crime and that the offence was
designated offence committed in relation to the property
Discretionary,
Forfeiture of upon court being satisfied beyond a
proceeds of crime 462.37(2) reasonable doubt that the property is N/A
from other offences proceeds of crime (albeit not in relation to
the offence for which the person was
convicted or discharged under s. 730
Mandatory for primary designated
offences listed in s. 487.07(a).

Limited discretion for primary

487.051(2)
DNA order designated offences listed in s. N/A
(3)
487.04(a.1) to (c.01) and (c.03) to (d).

Discretionary for secondary designated

offences listed in s. 487.04 and NCR.
Mandatory,
Forfeiture of
property related to where Crown establishes on balance of
the offence for 490.1(1) probabilities that the property is offence N/A
which offender is related, and that the offence for which the
being sentenced person being sentence was committed in
relation to the property.
 Discretionary,
where the evidence does not demonstrate
Forfeiture of offence that offence for which the person is being
relating to the other 490.1(2) sentenced was committed in relation to N/A
offences the property, BUT the court is satisfied
beyond a reasonable doubt that the
property is nevertheless offence related.
Restitution to
738(1) Discretionary N/A
victims of offences