Like many Criminal Offences, there are a host of different factors that come into play when sentencing the Break and Enter Defendant. A spectrum of cases exist from the less serious to the Defendants who face serious penitentiary time. A justice must balance a number of factors to arrive at a fair sentencing disposition. Some of the large number of factors that have been considered (the list below is not exhaustive) are:
@ First time Offender or Break and Enter pro with numerous prior convictions for Break and Enter?
@ Youthful offender?
@ Gladue considerations?
@ Home invasion with occupants present or break and enter with no one home?
@ Weapons used?
@ Breach of court orders while committing Break and Enter Offence?
@ Violence, serious injury?
@ Plea of guilt? Showing of remorse? Co-operation with Police?
@ Positive Pre-Sentence Report?
@ Out of Character behaviour?
@ Supportive Families? Full time employment, children relying on Defendant for financial support? Good Rehabilitation potential?
@ Drug addiction?
As can be seen, the above non-exhaustive sample of factors shows just a few of the matters that may come across a Criminal Sentencing Justice’s desk. The Justice must apply skill and creativity to craft the proper disposition, protecting the public, achieving deterrence but then also being sensitive to the unique factors in each individual case. *
William Poulos, Barrister
* This blog is not a substitute for legal advice. Should you require legal advice, a lawyer should be consulted to advise on the specific circumstances of your case.