What are “aggravating and mitigating circumstances” in sentencing?

What are “aggravating and mitigating circumstances” in sentencing?
May 22, 2020 Comments Off on What are “aggravating and mitigating circumstances” in sentencing? Uncategorized Assignment-help
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Review R. v. Gladue [1999] 1 S.C.R. 688 (SCC) found at this link: https://www.canlii.org/en/ca/scc/doc/1999/1999canlii679/1999canlii679.html?resultIndex=1 Review Part XXIII of the Criminal Code, 1985, R.S.C., c. C-46 with respect to sentencing Sentencing is one of the most important aspects of the criminal justice system and generates a great deal of interest and controversy among legislators, members of the public, the media, and social justice groups. It is also very important in the Canadian criminal justice system that we consider the circumstances of Indigenous offenders. Justice Barrington-Foote sentenced Desjarlais, an Indigenous offender, for aggravated sexual assault in the Regina Court of Queen’s Bench. 1. What are the purposes and principles of sentencing outlined in the Criminal Code of Canada? What are the other sentencing principles outlined in s.718.2? Please define and describe each of them, quoting the sections where required. (Note: Use the correct legal citation.) 2. What are “aggravating and mitigating circumstances” in sentencing? Where are they found? Please define and describe them as well. Use examples as necessary. (Note: Source your writing using the correct legal citation.) 3. Consider all of the sentencing purposes and principles of the Criminal Code of Canada, the broad common law sentencing objectives articulated in the text and aggravating and mitigating circumstances affecting sentencing. Which ones do you recognize in the decision of Justice Barrington-Foote? Please describe and discuss what Justice Barrington-Foote said about each of them when he sentenced Mr. Desjarlais. Did he omit any? What did he find with respect to aggravating and mitigating circumstances in this case? 4. Define and describe the principles articulated by the Supreme Court of Canada in R. v. Gladue with respect to how Indigenous persons are to be sentenced. (Note: Make sure to properly cite the relevant paragraphs of case using correct legal citations.) 5. Did Justice Barrington-Foote consider and follow the sentencing principles established in R. v. Gladue in the Desjarlais case ? What did he say about them? 6. Your Opinion Do you agree with the sentence given by Justice Barrington-Foote in the Desjarlais case? Why or why not? Please provide your opinion in relation to the Criminal Code sentencing purposes and principles, the common law sentencing objectives, aggravating and mitigating circumstances, the Gladue factors, social justice notions of legal equality, and the circumstances of Indigenous offenders in the criminal justice system.