Hello legal friends!
WATCH the following clip and engage with the legal question below!
Keywords: Criminal Law, Sentencing, Pre-Sentence Report, Misconduct, Federal, War Veteran, Superior Court, Murder, Robbery, Sentencing Principles and Rehibilitation
FOR THE LEGAL PROFESSIONALS
(If you are not a legal professional, you are welcome to take a look and analyze or chime in on the general question below):
Scenario based on the clip:
(Canadian context) - The charges:
The person being sentenced was charged with: Armed robbery, aggravated assault, assault causing bodily harm, first degree murder x 3. The accused is found guilty on all charges.
The proceedings:
A sentencing hearing is being held and a pre-sentence report was not provided nor was any victim impact statements submitted to the court.
Your client Profile:
27 years old, a person of color and they are a decorative war veteran who has obtained an approval for a rowbotham application, of which your services have been retained. You came on board late in the trial proceedings due to previous counsel issues.
The 'Reel' Legal Question:
Keeping the principles of justice and rehabilitation in mind: Based on the prejudice that may be caused to your client by not providing a pre-sentence report and based on the conduct of the accused in the clip once his sentence was passed down, what application, if any, would you submit to the court and at least 2 pieces of case law that would back up your application(s).
Would you appeal the sentence that was given in this clip, or did your client get off lightly based on the charges?
Discussion: Exploration of the principles of justice and fairness in our Canadian legal system.. Give us your take!
For a general chat with the community:
If this was a close friend or your family member, what type of rehabilitation would you like to see the court provide?
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BONUS:
I love movies! On every last Friday of the month, I will be sharing well known, favourite court/legal dilemma scenes and will pose a legal question to gain insight on what legal professionals have to say!
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Until next time - may justice guide your journey both on and off the record.
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