The Sentencing Hearing
Establishing the Factual Basis for Sentencing
From: Law of Sentencing
Discusses the sentencing hearing and its role of establishing the factual basis for sentencing, focusing on evidence, the 1996 amendments to the Criminal Code and the burden of proof, finding facts after a jury verdict, the record of previous convictions, the pre-sentence report, the offender’s right to speak, the use of victims and victim impact statements, the use of psychiatric, psychological and medical reports, judicial notice and sentencing, joint submissions and lengthy adjournments of the sentencing hearing.
Allan Manson is Professor of Law at Queen’s University, specializing in the areas of sentencing and prison law. Prior to joining the faculty at Queen’s, he practised criminal law. He has also served as Deputy Judge on the Yukon Territorial Court. He is an Associate Editor of the Criminal Reports and has been a long-standing member of the Canadian Bar Association’s Committee on Release and Imprisonment. He is the author of numerous articles dealing with criminal law issues, co-author of the text Release from Imprisonment: The Law of Parole, Sentencing and Judicial Review (1990) and co-author of the casebook Sentencing and Penal Policy (2000). Professor Manson was Project Director of the Ontario Law Reform Commission study of the coroner system.