Question: Details: We represent the Defense : Client pleads guilty to assault causing bodily harm against her partner under 267b of the Criminal Code of Canada.
Details: We represent the Defense:
Client pleads guilty to assault causing bodily harm against her partner under 267b of the Criminal Code of Canada.
Client is Indigenous and has expressed remorse.
Client has a limited and dated criminal history
Client and partner has a 2 year old daughter.
Client is 31 years old, employed and has undergone counselling.
Crown is proposing a 12 month jail sentence followed by probation
Our client is prepared to accept conditional sentence of 12 months followed by probation.
Crown seeks mandatory weapon forfeiture in relation to weapon used and mandatory DNA order.
Crown submits the following cases: R v Beaupre 2008 NWTSC 75 and R v Poitras 2016 SKQB 367
We (Defense) have no issue as to the ancillary orders that the Crown seeks.
We submit the following cases: R v Gladue, R v Ali 2016 ONC 658, R v Hare 2017 ONS 771
Please draft a short legal memorandum on the cases mentioned. Articulate what the sentencing range is for these types of oeffences and the offender and what the sentence, from the perspective of the defense should be.
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
