Saskatoon Sask re:Hatchen/Munsen sentencing!

[" i...@safe.ca]

Will someone please direct me to the relevent ng that I may post the
following opinion and follow other as well;
Case involves 2 Police Officers dropping Native man off in -35 to -40
degree celsius weather and convicted by a jury of Unlawful Confinement.
No jurors were Native.

Opinion:

1-First and foremost the judge should consider a sentence that is
appropriate as if the victim was of the same race as the
offenders-police. 2-That the CCC allows a max ten year sentence for
their crime of Unlawful Confinement for the general public. Offenders in
great public trust and discretionary powers such as police are held to a
much higher sentencing standard.3-What if any precendents have been set
for caselaw of violations relevant to this case.
Sentencing is set for Friday Dec8, 2001 in Saskatoon Sask. Canada

Any help will be appreciated...

[just me]

as far as i know, there is no sask legal ng (i could be wrong) and so your
case is in the right spot IMO, however, i dont see an
"opinion"..............that being said, there are CCC provisions that kick
in FOR aboriginals at sentencing, nothing special is in place for ordinary
white guys/gals................cops are usually dealt with under the police
act, so you are even lucky this was brought to court in the first place, and
a conviction won is phenomenal given all the ways police culture works

further, no aboriginals need to sit on the jury of aboriginals OR other
racial minorities, let alone white guys/gals............i "could" find
precedents in quicklaw, as i have an account, but i am off out of town and
dont have the time to invest............however, u can find sentencing
principles in the CCC and in a lot of legal textbooks..........but

each case is evaluated on its own merits, taking mitigating etc factors into
consideration, at sentencing

from what i read, a conviction has already been entered and the judge will
sentence according to pre-sentence reports, victim impact statement, etc, so
without THOSE you're pretty much pissing in the wind trying to predict what
sentence those officers will get.............their priors will be looked at,
length of service, consequences to the victims, letters of support for them,
etc.........USUALLY, for a first offence (and i did not check the CCC
applicable section for confinement), a very light sentence up to and
including conditional sentence can be imposed, if there is no "minimum"
sentence required by law..........was it an "indictable" or "summary" or
"hybrid" offence? too many individual factors are necessary before anyone
can, in their right mind, offer an analysis and prediction in
sentencing.........which, on the best case scenario will be 50-50 anyways

hope this helps!

--
M. Louise Marchand
Graduate Student
Legal Studies
Carleton University
Ottawa, ON

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