The Law of Sentencing

Overview

The Law of Sentencing by Allan Manson is intended to provide a summary of the legal principles and rules that shape the current process of sentencing in Canada. The book will appeal to seasoned practitioners and law students alike.

Following a discussion of the historical and philosophical context in which sentencing occurs, the book then examines the decision-making methodology, particularly the relevant rules and principles that the judiciary applies when sentencing offenders. It explains the structure and procedure of the sentence hearing and provides a detailed account of all available sentencing options. Separate attention is paid to the specific issues of sentencing in homicide cases, and preventative detention. Finally it examines the appeal process and the role of appellate courts.

The book includes a postscript on the Supreme Court of Canada decision in R v. Latimer.

Reviews

"Allan Manson is perhaps the most insightful scholar now writing in Canada on the law of sentencing.”

Hon. William J. Vancise, Saskatchewan Court of Appeal

Table of Contents

Foreword by the Honourable Mr. Justice William J. Vancise

Chapter 1: Introduction
Chapter 2: A Brief History of Punishment and Sentencing
Chapter 3: The Justifications for Punishment
Chapter 4: Judicial Discretion and the Methodology of Sentencing
Chapter 5: Substantive Principles of Sentencing
Chapter 6: Rules of Sentencing
Chapter 7: Aggravating and Mitigating Factors
Chapter 8: The Sentencing Hearing: Establishing the Factual Basis for Sentencing
Chapter 9: Sentencing Options
Chapter 10: Murder and Manslaughter
Chapter 11: Preventive Detention
Chapter 12: The Role of the Appellate Courts
Chapter 13: The Future of Sentencing
Postscript: The Supreme Court of Canada Decisions in R. v. Latimer and R. v. Knoblauch

Table of Cases
Index

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