the daily snivel
I made it to the Legal Clinic fairly early this morning, namely 8:00 am, as I needed to be in court for 8:45 am, and this necessitated making it to work with sufficient time to change into my suit and assemble my files. One of my clients was entering a plea of guilt to a Criminal Code offence and I had prepared sentencing submissions to be made on the client's behalf. Making sentencing submissions is always interesting, because they're done before a Judge (as opposed to a Justice of the Peace, who we encounter more frequently in our day-to-day court matters as law students), and because there's a lot riding on how good a job you do. It's an area where good advocacy skills will carry the day, and oral advocacy is something I really enjoy.
I'd spent quite a lot of time drafting and revising these submissions, which are a statement of the client's background, personal circumstances, their admission of responsibility, their plans for the future, the steps they've taken to show contrition and a desire to learn from the incident, and an overarching argument about why a more lenient sentence would be preferable and not contrary to the interests of justice.
We were seeking an absolute discharge for my client, which is the least severe sentence that can be imposed, as it imposes no criminal record, fine, or probation order. It is essentially a second chance in recognition of the low severity of the offence, lack of harm done, and the remorse and willingness to change expressed by the offender.
After a few hiccups (including the lack of a translator for my client and the fact that my client was late) I briefly spoke to the Crown Attorney working in courtroom number seven this morning, and confirmed their position on the matter. After letting a few senior counsel speak to their matters ahead of me (since it never hurts to be polite), it was my turn to address the Court.
My client received the absolute discharge we had sought.
A former Criminal Division caseworker (who has since graduated and is now working for the Crown) sat in on my submissions, and he told me that had anyone else gotten up and made the usual sort of submissions, a harsher sentence would have been imposed. I was very flattered. He told me that I'd performed extremely well as an advocate and encouraged me to pursue advocacy in the future, and I told him that was precisely what I intended to do.
It was a nice feeling to get my client such a good result. I showed up prepared, I was clear, emphatic, knowledgeable, and articulate, and made an impression. Even the Crown shook my hand when I finished.
Aside:
Another nice feeling is that I've lost over two pounds since last week. I'm hitting the gym three times a week now, and it's really starting to pay off. Physical beauty, here I come!
I'd spent quite a lot of time drafting and revising these submissions, which are a statement of the client's background, personal circumstances, their admission of responsibility, their plans for the future, the steps they've taken to show contrition and a desire to learn from the incident, and an overarching argument about why a more lenient sentence would be preferable and not contrary to the interests of justice.
We were seeking an absolute discharge for my client, which is the least severe sentence that can be imposed, as it imposes no criminal record, fine, or probation order. It is essentially a second chance in recognition of the low severity of the offence, lack of harm done, and the remorse and willingness to change expressed by the offender.
After a few hiccups (including the lack of a translator for my client and the fact that my client was late) I briefly spoke to the Crown Attorney working in courtroom number seven this morning, and confirmed their position on the matter. After letting a few senior counsel speak to their matters ahead of me (since it never hurts to be polite), it was my turn to address the Court.
My client received the absolute discharge we had sought.
A former Criminal Division caseworker (who has since graduated and is now working for the Crown) sat in on my submissions, and he told me that had anyone else gotten up and made the usual sort of submissions, a harsher sentence would have been imposed. I was very flattered. He told me that I'd performed extremely well as an advocate and encouraged me to pursue advocacy in the future, and I told him that was precisely what I intended to do.
It was a nice feeling to get my client such a good result. I showed up prepared, I was clear, emphatic, knowledgeable, and articulate, and made an impression. Even the Crown shook my hand when I finished.
Aside:
Another nice feeling is that I've lost over two pounds since last week. I'm hitting the gym three times a week now, and it's really starting to pay off. Physical beauty, here I come!
