Empirical Study of the Use of Mitigating and Aggravating Factors in Sentence Appeals in Alberta and Quebec from 1980 to 1985

• NCJ Number: 117968
• Author(s): S Benzvy-Miller
• Date Published: 1988
• Length: 37 pages
• Sponsoring Agency: Canadian Sentencing Cmssn
• Sale Source: Canada Dept of Justice
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada

Annotation

This paper identifies the variables relevant to the sentencing process through an examination of Canadian case law.

Abstract

Believing that an understanding of the mitigating and aggravating factors operating in sentencing appear most clearly in appellate court decisions, this study analyzed the decisions of the courts of appeal of Quebec and Alberta from 1980 to 1985. In Alberta, 106 reported cases from 1980-85 were available for study. In Quebec, 307 files from 1983-85 were examined, along with reported cases from 1980-83. A list of the aggravating and mitigating factors used by the courts in sentencing decisions was compiled and ordered by frequency for Alberta and Quebec. A total of 36 factors were included. The results indicate that in both Provinces, guilty pleas, the absence of a criminal record, and age were the most important mitigating factors. Offense seriousness and the presence or use of weapons were apparently the most important aggravating factors. Findings show a consistent and recurring pattern of sentencing factors in case law. 4 tables, 4 graphs, 17 footnotes.