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Sentence

Sentence 2017-11-15T20:55:30+00:00

Sentence

Once either a judge or jury has found you guilty of an offence, the matter proceeds to sentencing.  During the sentencing process, the judge hears from the Crown prosecutor and the defence lawyer as to what the appropriate sentence should be, and why.

In assessing the positions put forward by Crown and Defence, the Judge must keep in mind all the principles of sentencing set out in the Criminal Code, as well as any minimum or maximum sentence set out in the Criminal Code for any particular offence.  A good place to start before any sentencing, therefore, is the Criminal Code.

Range of Sentence

Generally speaking, the range of sentence from most lenient to most onerous is as follows:

  1. Absolute Discharge
  2. Conditional Discharge
  3. Curative Discharge
  4. Fine Order
  5. Suspended Sentence and Probation
  6. Conditional Sentence Order (a.k.a. House Arrest)
  7. Intermittent Jail Time (a.k.a. Weekend Jail)
  8. Straight Jail Time

Planning Your Sentencing

Whether pleading guilty or being found guilty after trial, there is no reason to proceed to sentencing on the same day. Unless the offence is relatively simple and the sentence you want is agreed to by the Crown prosecutor, it is quite common to adjourn the sentencing for two to three months to gather the information relevant to sentencing. There is no exhaustive list of things you should prepare, but you should advise your lawyer of whatever you think is relevant. Some of the things you should think of gathering are as follows:

  • Your employment record
  • Any volunteer and/or community involvement record
  • If in school, records of grades
  • Reference letters from employer, family, friends, etc.
  • Apology letter, if applicable
  • Record of counseling, if applicable
  • Record of repayment of damages, if applicable
  • Driving abstract, if applicable
  • Medical/mental health records

Whenever a jail sentence is a realistic possibility, it is quite common to order a “pre-sentence report” or a “forensic report”.

A pre-sentence report is a report about you, prepared by a probation officer. The main purpose of the report is to advise the court if you are a suitable candidate for community supervision. The typical procedure is to order the report, then set up an appointment with probation to interview you. You will be expected to describe your childhood, your upbringing, your education and financial history, your emotional and social adjustment, etc. The probation officer will ask you for contact information for your family and friends, as well as other supporting documents to corroborate the information you provide.

A Forensic Report is also report about you, but is one prepared by either a psychologist of psychiatrist at the hospital. The report is typically ordered when an underlying psychological or psychiatric condition is believed to affect you, and may have contributed to the offending behaviour. After the report is ordered, you will be contacted to set up an appointment for the preparation of the report.  The doctors doing the report will likely ask you much of the same information that forms part of the pre-sentence report, but you may further be expected to discuss the offence itself, as well as do some psychological tests.

The reports typically take 2 to 3 months to prepare, and that is why sentencing is usually adjourned for that length of time so the reports can be ready. It is always important to review the report in detail to make sure it is accurate, and to be able to address any concerns raised in the report.

Structuring Your Sentencing Submissions

There is no magic to presenting sentencing submissions, but there is significant skill involved. It is important to present all of the relevant information the judge may require in coming to the best sentence possible for you.  It is equally important to make sure the judge can follow the flow of your submissions.

Sometimes the simplest way of ensuring you say everything you want to say is to write it all down and read it to the court.

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kanaka durai
kanaka durai
17:05 19 Jul 21
Great group of lawyers in Edmonton! Anny Wang was the one who helped me and I can't find enough good things to say... about her! She is a very fantastic lawyer, very helpful, professional and knowledgeable. I will forever be grateful to her. I highly recommend Anny Wang to anyone seeking legal counsel. Thank you Anny Wang for all of your hard work.read more
Good Times
Good Times
17:42 07 Jun 21
This review is long overdue since I should have written it after April 21st which was my trial date at the Fort... Saskatchewan Provincial Court.I picked this firm based on the reviews I read online, and I wasn't disappointed at all.I wanna start by saying a big thank you to Anny Wang and her legal assistant, Christine, for the wonderful job they did. I picked Anny to represent me in court in my case of "refusal to provide a breath sample" which is basically DUI. Anny was professional and prompt in her responses through email or texts. She made sure I understood everything we talked about and gave me enough time to make some choices.After many months of great preparation, my case was immediately dismissed on trial date (didn't even take a minute, thanks to her thorough preparation). She restored my peace of mind knowing that I still have a clean record.I have already recommended her to my friends and family who may need a lawyer in the future. I highly recommend Anny to anyone looking for a top lawyer. The high ratings don't lie, and you won't regret choosing her as your lawyer. Cheers Anny!read more
Kruno Janzic
Kruno Janzic
02:38 02 Jun 21
Amazing services and very professional. Barbra was the one who helped me and I cannot find enough good things to say... about her. They will absolutely try their best to help you. I'm very grateful for their help and will definitely be recommending them to anyone looking for legal help. Thank you so much.read more
Mr. A
Mr. A
05:28 14 Feb 21
Danielle is a highly skilled criminal defense lawyer in Edmonton. She takes the matter very seriously and provides... successful defense for your rights. I say that because of my personal experience with her and her law firmI am sincerely grateful to Danielle and to her hard-working team Angela, Barbara that ensured my life was protected during a difficult time that I was facing unlawful criminal charges. Danielle provided immeasurable support, legal assistance and most importantly an honest representation during the entire process of the trial.In my first meeting with Danielle, she provided an explanation of the case, the court process, the issues in the case and put a plan for a successful defense and during the process she had very good communication with me , she replied to my emails and answered my questions in a timely manner.Danielle is a highly respected lawyer at court rooms; she has a very good connection and deep knowledge with the law and law society as well as court officials.I can safely say if Danielle is representing you , you will for sure have a successful case.I highly recommend Danielle and her team in her law firm to anyone who is seeking a highly skilled criminal defense lawyer.Thank you for reading this review and wish all the best.Mr. Aread more
Sam
Sam
23:08 20 Jan 21
I highly recommend Danielle to anyone seeking legal counsel. It is comforting to have an experienced, professional, and... intelligent lawyer like Danielle in your corner. Because of Danielle, the outcome of my case was favorable, and exceeded expectations.read more
jeremy kelsey
jeremy kelsey
19:31 17 Jan 21
Hello i would not recommend this law firm . I asked to get danielle as a lawyer because apparently she is highly... trained in drug cases. So instead of getting her she assigned me to another lawyer in her law firm that I had done no research on. She directed him to just lock me up because I didn't stand chance in trial.He knew that wasn't right. So end of the day we took it to trial and he beat my charges. And now she won't pay him what he's owed. I do not recommend this firm . Unless you kike going to jail .read more
Kenton Schram
Kenton Schram
02:30 14 Dec 20
I had the good fortune of being represented by Barbara D. She helped me through a difficult time, resulting in a... distinctly positive outcome. Her insight, integrity and sheer tenacity made her a valuable asset to me in making a molehill, remain as such. I would recommend her to anyonethat finds themselves in awkward legal times.read more
Ted Gullackson
Ted Gullackson
22:29 11 Dec 20
Absolutely amazing, I finally have my life back an its all thanks to Danielle. I thoroughly recommend them. Sh made me... feel much better after every talk and like I said she saved my life.read more
Kirk O'Dooley
Kirk O'Dooley
20:49 10 Dec 20
I was represented by Anny and she was amazing. I trusted her from the beginning. If I should ever need legal advice... or help (which I hope I never need) there is no question whom I would call. This was my first time ever been charged and the experience was terrifying at first. After meeting with Anny I felt a lot better. Give them a call, you won’t regret it.read more
Leah Marty
Leah Marty
23:20 18 Sep 20
They truly went out of way to help me with my case. They showed compassion & worked with me through the whole ordeal... putting me at ease.They also had a payment option helping ease the stress, didn't feel like had to have all at once.. I would highly recommend them to anyone seeking help! They are the best by far! From the bottom of my heart I would love to truly thank Anny Wang for everything she has done.. You'll forever hold a place in my heart along with my husband.read more
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Mike K.
17:35 18 Sep 20
I HIGHLY recommend this firm. From first meetings until case was resolved, I felt really welcome and relaxed in their... office atmosphere. We were in tight situation, wrongfully accused. They are professional and down to Earth, helped with a payment plan after retaining them. We had Anny Wang as our lawyer who literally went above and beyond, cleared my wife from charges she was not guilty of. I honestly, recommend this law firm! She got the results we needed. We both want to thank Anny and the entire law firm.read more
Mel I
Mel I
04:41 16 Sep 20
Danielle Boisvert was our lawyer, she was awesome, thorough, professional and sincere! I HIGHLY recommend her and her... team. Between the phone calls, the unfortunate pandemic we managed to still be able to keep in contact and get everything done and finalized. Thank you so much for everything you have done for me and my family, it means so much more than you know to have someone be there for us and for advocating for our youth's civil rights. No matter how things started out, you kept us feeling at ease and confident with the law.read more
Justin Kallis
Justin Kallis
23:06 11 Sep 20
Highlight reccomend Anny
Nichole Faye
Nichole Faye
21:36 31 Aug 20
Danielle Boisvert is by far the best lawyer. I can't say enough good things about her! She handles everything so... professionally and makes it easy on her clients I highly recommend Danielle!read more
Koots Kowboy
Koots Kowboy
20:54 24 Aug 20
I can’t say enough good things about Danielle and her staff. I couldn’t have done it without her and her team, they... explain everything exceptionally well and keep you up to date as things progress. Just a bunch of outstanding individuals who fight for the right thing. I hope I don’t ever need their services again but if I do they will be my first call.read more
John Siggers
John Siggers
20:34 19 Aug 20
Hiring Danielle was a great decision. She and any of her team I interacted with were always up front and professional.... Her assistance on what to expect through the process was percise and helpful. Her hard work and skill lead to my charge being dropped. I am appreciative and highly recommend her to anyone needing legal representation.read more
Christine Clarke
Christine Clarke
01:08 19 Aug 20
I am very thankful to have come into contact with this law practice. Danielle is an exceptional lawyer, and someone who... connects with the values that she represents. The experience, intelligence, and advice through this firm was exceptional. This also extended to any individual who represented the firm that we worked with. The knowledge and expertise they offer is substantial and valuable. The ability to easily adapt during a global pandemic seamlessly did not go unnoticed. I would highly recommend this form and specifically Danielle Boisvert as a highly completely and professional dedicated Lawyer. I wish I could offer feedback on how to improve, but I wouldn’t change a thing.read more
Jordon Fuder
Jordon Fuder
13:46 21 Jul 20
Danielle and here staff were very helpful throughout my entire experience. Danielle was very down to earth and easy to... talk to and has a no BS approach. She gave me here honest opinion on my matter and in the end she got the results she told me she would work towards! I highly recommend going to Danielle and her team for your legal matters.read more
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Colten Perozak
15:16 20 May 20
I was represented by Anny Wang for my failure to blow case. She was very professional and attentive. In the end, she... did exactly what was required and I highly suggest anyone with a similar case to contact Anny. You won't regret it.read more
Katie Duncan
Katie Duncan
21:46 06 Apr 20
Everyone i interacted with here was extremely friendly and helpful. Anny Wang helped me feel at ease about my situation... that all of the other lawyers i consulted with did not. Overall my experience here was concise and clear, and I ended up with the best outcome I could've hoped for. She even offered to lower her pricing because of my financial situation. I highly recommend seeing them if you need a lawyer!read more
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23:05 05 Apr 20
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Jenna Keiller
Jenna Keiller
12:25 12 Mar 20
Savage Oykhman Law has a fantastic team of hardworking experts, who cared greatly for my case, as I know they will for... your's as well. Daniel Murphy sympathized with my circumstances, while advocating with determination for a reasonable judgement. As I agreed with the professionalism of Daniel Murphy and his assistant Christine, and their consideration towards the sensitivity of my unfortunate circumstances. It was worth giving them the chance to solve my issues, to my surprise, they went above and beyond my expectations, while keeping my mind level throughout the process. My charge ended up being dropped. I honestly cannot thank-you enough, for all your hard-work and help!read more
Leon B
Leon B
19:01 24 Feb 20
This firm is awesome! Dan Murphy represented me he addressed any doubts I had about my case and gave me the correct... legal advise when I asked him. The staff is very friendly and helpful. Dan Murphy got my charges dropped within months and for that I would say hes not only a winner but a Champion! I am so glad I had him representing me!read more
Eddie Tyre
Eddie Tyre
00:31 14 Feb 20
Anny Wang is a pleasure to work with! I had consulted with a few lawyers prior to meeting with Anny Wang, and she... definitely stood out. She is unassuming, knowledgeable, and gives concise advice to move forward. She provided diligent updates and resolved the issue much quicker than expected. She truly takes care of her clients. Highly recommended!read more
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Dan Murphy gave me the best option so everyone involved didn’t have to waste their time. It was super easy from the... beginning to the end, and I’m very pleased with the way it turned out. The staff are very professional and attentive to meet your needs. I hope you don’t have to meet a lawyer, but if you do, I highly recommend this firm.read more
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Chris Edmonton
19:17 19 Nov 19
I was represented by Anny Wang (and Danielle) and both were a pleasure to deal with! My case was withdrawn in the end... after their hard work and recommendations. She was easy to deal with, went into thorough details and whenever possible, reached out to myself with updates. In general though, everyone at Savage Oykhman were easy to deal with, including the front desk. While I hope to never run into needing their services, don't hesitate reaching out to Anny for any issues you may run into, I will certainly be keeping her card! Definitely earned the 5 star review and praise.read more
TJ Cekic
TJ Cekic
17:38 04 Nov 19
Anny Wang is amazing! My case got completely thrown out. She is compassionate, amazing and very well educated in many... fields of law. The whole team at Savage Oykhman Edmonton is absolutely amazing and helpful. I would recommend this law firm to absolutely anyone!! I give them a 5+++ rating. Absolutely amazing.read more
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Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.


M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.


B.L.

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