Question 1: If Callus Inc. pleads guilty to the criminal code charge of fraud over $5000, what are the most significant aggravating and mitigating factors on sentencing? Crown may allege aggravating factors to increase sentence, e.g., previous record, motivation of greed Defense may argue mitigating factors to decrease sentence, e.g., plea of guilty, remorse Judge may be assisted by pre-sentence report about defendant, views of victims, good character letters Fundamental Principle, 5.718: a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender Proportionality principle requires that court imposing sentence consider gravity of the offence and the moral blameworthiness of the offender: R v C.A.M., [199611 S.C.R. 500 Other sentencing principles, 5.718.2(a) - sentence should be increased or decreased to account for any relevant aggravating or mitigating circumstance relating to the offence or the offender No list of mitigating factors set out in Code Other sentencing principles in 5.718(2): (b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances (c) where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh (d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances (e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders 5.380.1(1) list of aggravating circumstances specific to fraud offence: (a) the magnitude, complexity, duration or degree of planning of the fraud committed was significant (b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market (c) the offence involved a large number of victims (oi) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation (d) in committing the offence, the offender took advantage of the high regard in which the offender was held in the community (e) the offender did not comply with a licensing requirement, or professional standard, that is normally applicable to the activity or conduct that forms the subject- matter of the offence