What is the case law around sentencing procedures and sentencing procedures?
British Columbia, Canada
The following excerpt is from R. v. Jean, 2008 BCCA 465 (CanLII):
The sentencing procedures were in some ways flawed. The accused was not given the opportunity to personally address the court as required by s. 726 of the Criminal Code. Further, the trial judge did not in his reasons explicitly set out his reasons for extending the accused’s period of parole ineligibility. Section 743.6(1) of the Criminal Code sets out the specific considerations that may be taken into account in making an order under that section. A court is required before applying the section to undertake a two-stage analysis, first determining the appropriate sentence, and then applying the relevant criteria in a second analysis to determine the appropriateness of delaying parole eligibility: see Regina v. Zinck, 2003 SCC 6, [2003] 1 S.C.R. 41, particularly at paragraph 33.
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