What is a sentencing hearing in a criminal case?

3. Understand the aggravating factors in your case

At your sentencing , the judge looks at any that apply to you. These factors could result in a tougher .

Depending on your case, your aggravating factors may include:

  • your criminal record
  • the facts of your
  • the impact of the crime on your victims
  • your association with other criminal organizations

Before your sentencing hearing, you should be ready to:

  • admit the aggravating factors that affect your case
  • describe any plans you have for addressing the aggravating factors

Criminal record

If you have a criminal record, the court will try to determine if:

  • you have a history of criminal behaviour
  • your criminal behaviour is getting worse

They will also consider whether you:

  • have a criminal record or repeated convictions for the same crime
  • were subject to other legal conditions at the time of the crime, such as , , , , or an under the Correction and Conditional Release Act
  • were subject to a weapons and firearm at the time of the crime

Offence facts

The court will consider facts related to what happened, such as:

  • your role in the crime
  • whether you committed the crime more than once
  • whether a weapon was used and how
  • whether property was damaged or money was taken

They will consider your state of mind, such as whether you:

  • planned the crime
  • seemed to be motivated by prejudice against ethnic origin, religion, sex, age, disability, sexual orientation, or another prejudice

Victims

The court will consider who the victims are. For example, whether the:

  • crime happened in an area where families and children are likely to be
  • victim was a stranger
  • victim was a spouse or common-law partner
  • crime involved abusing a relationship of trust or authority, such as stealing from an employer

They will consider the impact the crime had on the victims, such as whether the:

  • crime involved abuse against a person under the age of 18 years
  • victim experienced real financial harm because of the crime
  • victim's health was seriously harmed
  • victim received a permanent physical or psychological injury

Associations

The court will consider any that shows the crime was:

  • committed for the benefit of, or with help from, a criminal organization
  • committed as an act of terrorism
Hide this website