Sentencing Course

Scenarios for Discussion

The intent of these scenarios is to encourage in-class discussion. For that reason, I would
ask students to review each scenario and be prepared to discuss:
• the underlying sentencing principles they see relevant to each case
• the sentence you would dispense and why

Scenario #1 Impaired Driving Causing Death

A 20 year old male was driving his vehicle in a suburban residential neighborhood while
impaired. He had one male passenger with him and they were in a good mood because it
was a Saturday night. As he approached an intersection, he saw the stop sign late and
decided he didn’t have the ability to stop in time. He was familiar with the neighborhood
and knew that traffic travelling across his path did not have to stop. He made the mental
decision “It was too late and I couldn’t stop so I figured if I hit it I might get through OK.
So I did and there was a car right there.” He immediately collided with a van, injuring all
three occupants. The accused’s vehicle then struck a tree and his passenger was ejected
from the vehicle. That passenger was killed instantly, and one of the passengers from the
second vehicle experienced serious injuries. The accused sustained some minor physical
injuries and was very distraught over the accident. He was very cooperative with police.

The accused had one previous adult conviction for theft, for which he had received a 1
year conditional discharge without supervision, as well as 60 hours of community service
work.

Scenario #2 Sexual Assault

A 43 year old male is dating a 32 year old mother of 2 children; a boy age 10 and a girl
age 5. While his girlfriend is intoxicated and passed out, the accused forcibly raped the 5
year old girl in her room, while covering her mouth and throat with his hands to ensure
that her screams are not heard. As a result, the child sustained severe vaginal tearing as
well as abrasions to her face and throat and ruptured blood vessels in the whites of her
eyes. When the mother woke the next morning, she found that her daughter and her
boyfriend were both gone. She contacted him by cell phone, but he denied knowing
where the daughter was. During later calls he admitted taking her and he subsequently
returned her to her mother. When the victim’s mother tried to call police and to take her
daughter for medical attention, he threatened to kill her with a knife and he forced them
to remain in the home for an additional 24 hours. When he left to go to a store, the
child’s mother took her to a hospital for treatment and hospital staff contacted the police.
In addition to the original injuries, the child had now developed a severed infection.
Police contacted the accused on his cell phone and after a lengthy negotiation process, he
turned himself in.

The accused in this matter had one previous conviction for sexual assault in the United
States, but no criminal record in Canada.

Scenario #3 Manslaughter

A 19 year old male was living with his 25 year old girlfriend and her 16 month old son.
The male was unemployed and cared for the child each day while the mother was at
work. Following a telephone argument with the child’s mother, the accused picked up
the child and shook him wildly. He then spun the child by the arm, causing his head to
hit the wall. The child suffered a fractured arm and a fatal injury, although he survived
for approximately 24 hours after the incident. After cleaning up the scene with bleach
and water, the accused called 911 and reported that the child had fallen down a flight of
stairs and was severely injured. The accused subsequently admitted the assault during a
video recorded police interrogation when confronted by the fact that the medical evidence
did not support his accidental injury claim.

The accused had no adult criminal record at the time of the offense

Scenario #4 Aggravated Assault

A 29 year old male and his 29 year old wife have 2 children, ages 16 months and 48
months. To reduce expenses, he worked an evening shift and looked after the children
while his wife worked the day shift at a convenience store. One morning, male was
awoken by the sound of running water as the children had gotten into the bathroom and
caused the sink to overflow. Added to this, he found his youngest daughter had soiled
her diaper. He placed her in a bath tub filled with hot water and held her submerged for
several minutes, despite her pained cries and attempts to get up. The water heater was set
to maintain temperatures of 150 degrees and the child sustained severe burns to her legs
and feet. The accused attempted to clean blood and tissue out of the bathtub before
calling 911 and his wife. He also he blamed the victim for her own injuries, saying that
she was playing alone in the bathtub. During a subsequent police interrogation, the
accused denied the offense, despite being told the medical evidence did not support his
assertion and the fact that he had exclusive opportunity to have committed the offense.

The accused had no previous criminal record at the time of the offense
Scenario #5 Murder

Three males suspects aged 19, 20 and 20 attended to a downtown convenience store and
robbed it at gunpoint, obtaining a small amount of money and cigarettes. They were
returning to their get-away vehicle, a stolen van, when they were confronted by a young
employee of the store. After a brief confrontation, one of the accused men shot the
employee in the face with a sawed off shotgun at point blank range. The suspects fled the
scene and the employee died in hospital a few days later.

All 3 suspects were known to police as gang members and they had the following adult
records in addition to involvement as youths:
• The 19 ear old had previous convictions for theft, B&E, assault and robbery
• One 20 year old had convictions for theft, B&E, assault, robbery, Possess Weapon
Dangerous to the Public Peace and aggravated assault
• The second 20 year old had convictions for B&E, drugs (both possession and
trafficking), carry a concealed weapon, personation, assault, and assault causing
bodily harm