- ticketcombat
- Sr. Member
- Posts: 486
- Joined: Mon Jun 30, 2008 5:59 pm
- Location: Toronto
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I'm quoting myself I know but since reading the most recent decisions and judicial dissents I have to clarify this earlier post.ticketcombat wrote:Regarding all these issues about set fines, if the court can impose any fine they want within a range, can they also not indicate what fine they will impose by [wait for it] establishing a set fine as a guide for justices?
Set fines are for out of court settlements. However, they can be used at the justice's discretion at trial during sentencing. If there is a range, $60 - $500 under s. 214(1) of the HTA for example, the justice can impose any amount in that range including an amount equal to the set fine.
I list on my site (step 5-->sentencing) some of the factors justice's will look for when determining the amount:
- a sincere expression of remorse;
- an apology;
- an expression of desperate financial circumstances;
- your driving record (it's clean as a whistle);
- the amount of time and effort you have spent in preparing your defence (lost wages and time off work to come to court) which means you have already paid a severe economic penalty;
- the minimum social interest at stake in seeing a harsh penalty (does the community really care if you were given a hefty fine);
- a harsh penalty would not deter others from committing the offence;
- the affect the sentence will have upon your dependants, including your spouse, children, parents and grandparents who you support; and
- the likelihood that you would ever commit the offence again.