INTRODUCTION AND BRIEF DESCRIPTION
Courts can consider any information disclosed at trial or sentencing, as well as agreed-upon facts between prosecutor and offender, in determining a sentence.
SECTION WORDING
724(1) In determining a sentence, a court may accept as proved any information disclosed at the trial or at the sentencing proceedings and any facts agreed on by the prosecutor and the offender.
EXPLANATION
Section 724(1) of the Criminal Code of Canada empowers a court to use any information presented at trial or sentencing proceedings, as well as any facts agreed upon by the prosecutor and the offender, to determine a sentence. This means that the court has the discretion to consider all the facts and circumstances of the case when determining an appropriate sentence for the offender. The purpose of this section is to give judges the necessary tools to impose sentences that are tailored to the unique circumstances of each case. For example, if a defendant confesses to their role in a crime and cooperates with the investigation, this may be taken into account by the judge when determining an appropriate sentence. However, the court's discretion is not unlimited, and it must still take into account the statutory framework laid out in the Criminal Code. The court must also consider the principles of sentencing, including proportionality, denunciation, and rehabilitation. In addition, the use of information must comply with Charter rights, including the right to a fair trial and the presumption of innocence. The judge must only consider information that is relevant, reliable, and probative to the determination of an appropriate sentence. Overall, Section 724(1) gives the court discretion to consider a wide range of information when determining an appropriate sentence. The court must balance the offender's circumstances with the need to ensure that the sentence is just and in the public interest.
COMMENTARY
Section 724(1) of the Criminal Code of Canada gives courts the power to consider any information that has been disclosed during the trial or during the sentencing proceedings, as well as any facts that have been agreed upon by the prosecutor and the offender. This section essentially authorizes a court to consider any evidence that has been presented to it when deciding on a sentence. The ability to consider all available evidence is an important aspect of the justice system. It allows for a more complete picture of the crime and the offender, which can lead to a fairer sentence. By allowing the court to consider all the facts, the system is better able to achieve its goal of ensuring that justice is served. One potential concern with this section is that it could lead to the consideration of unreliable or prejudicial information. For example, if a witness provides hearsay evidence during the trial, the court may consider this evidence when determining the sentence, even if it is not admissible in court. Additionally, if the prosecutor and the offender agree on certain facts, this could potentially lead to inaccurate information being considered by the court. To address these concerns, it is important that courts exercise caution when considering any information presented to them. They should carefully evaluate the reliability of the evidence and ensure that it is relevant to the sentencing decision. Additionally, the court should consider any objections raised by either party and provide a clear explanation for why certain evidence was considered and other evidence was not. Overall, while there is potential for abuse or misuse of this section of the Criminal Code, it is an important tool for ensuring that justice is served in sentencing decisions. As long as courts exercise caution and evaluate all evidence carefully, this section can contribute to a more fair and just legal system.
STRATEGY
Section 724(1) of the Criminal Code of Canada provides a significant tool for both prosecutors and offenders. This section allows courts to consider evidence presented in both the trial and sentencing proceedings while determining a sentence, as well as any facts both parties have agreed upon. While this provision offers several advantages, strategic considerations are necessary to utilize it effectively. One critical consideration for prosecutors under Section 724(1) is the importance of presenting compelling evidence during both the trial and the sentencing proceedings. By doing so, the prosecutor can offer a comprehensive understanding of the severity of the crime committed. These efforts should be focused on producing detailed evidence outlining the specifics of the crime and its impact on the victim and broader society. This evidence may include police reports, witness statements, medical reports, and expert testimony. All parties involved need to agree on the accuracy of the evidence presented as parties need to agree with the prosecutor. Only then will the court consider it while determining the sentence. Another significant consideration for prosecutors is to be prepared for objections from the defence counsel regarding the admissibility or accuracy of the evidence presented. Defence counsel may question the accuracy of the evidence presented, bringing into question key facts, to undermine the evidence's credibility. They may also object to the admissibility of evidence, claiming that it violates the defendant's rights. In every instance where an objection is raised, the court must rule on whether to accept the evidence or not. Hence, prosecutors should make sure that the evidence presented is up to standard and cannot be adversely challenged. Defence counsel's strategic consideration is to prioritize the importance of identifying any errors or omissions in evidence presented during the trial. Defence counsel should conduct a thorough review of all evidence presented in the trial to identify if any errors or omissions have been made and ensure that the defendant's rights are protected. Defence counsel should also ensure that the facts agreed upon between them and the prosecutor during the sentencing proceedings are precise. In addition, the defense counsel may want to present mitigating circumstances leading to the crime to minimize the sentence, if necessary. From a defence counsel's perspective, objections raised during the trial process can be vital. An objection can leverage the belief that a particular fact presented is inaccurate, irrelevant, or violates the defendant's rights. Such an objection can result in the court rejecting the evidence, leading to a less severe penalty. Additionally, defense counsel may seek to negotiate with the prosecutor to agree on certain facts to present during the sentencing proceedings, known as a plea bargain. A plea bargain may offer advantages for the defendant, such as reduced charges or sentence. However, they cannot agree on something that doesn't align with the facts of the case. In conclusion, Section 724(1) of the Criminal Code of Canada provides a tool for both prosecutors and defense counsel to efficiently present evidence to obtain the fairest possible sentence for the defendant. Stringent adherence to the provisions, thorough review of evidence by defense counsel, and successful objection by one could play a pivotal role in attaining justice. As it is said, justice must not only be done but must be seen to be done.