EP#197 | Why “Lenient Sentences” Aren’t What You Think

Sponsored by EasyDNS https://easydns.com/NotOnRecord

Tonight, the crew breaks down **what sentencing actually is** (and when it happens), and why what looks “lenient” to the public can be the result of a very structured legal framework. They walk through the sentencing process after a **guilty plea vs. after a trial**, explain what it means when the **“facts are read in”** (and why the judge’s “are these facts substantially true?” question can derail a plea), and outline how Crown and defence approach sentencing with **aggravating vs. mitigating factors**, character reference letters, restitution, counselling, and case law. From there, they unpack **s.718 of the Criminal Code**: the purpose of sentencing, the six objectives (denunciation, deterrence, separation, rehabilitation, reparation, and restoration), and the **overriding principle of proportionality,** plus the additional principles like parity, totality, restraint/least restrictive sanctions, and individualized outcomes. The episode closes with a practical look at **ancillary orders** (DNA, weapons prohibitions, no-contact terms, victim fine surcharge) and why sentencing is never a simple “you did this, you get that” formula.

## **Short description**

Why do “lenient” sentences happen? This episode explains the sentencing process, the goals in s.718, proportionality, aggravating/mitigating factors, joint submissions, and the extra orders judges can add.

## **SEO meta description (concise)**

A practical breakdown of Canadian criminal sentencing: guilty plea vs trial, agreed facts, aggravating/mitigating factors, s.718 objectives, proportionality, parity/totality, joint submissions, and ancillary orders like DNA and prohibitions.

## **Hashtags**

#CanadianLaw #CriminalLaw #Sentencing #CriminalCode #LegalPodcast #CourtProcess #Probation #Restitution #DefenceLawyer #CrownAttorney #JusticeSystem #LawAndOrder #TorontoLaw #NotOnRecord