# EP#197 | Why “Lenient Sentences” Aren’t What You Think

Page: https://stenobird.com/podcast/not-on-record-podcast-5844918/ep-197-why-lenient-sentences-aren-t-what-you-think
Text version: https://stenobird.com/podcast/not-on-record-podcast-5844918/ep-197-why-lenient-sentences-aren-t-what-you-think.md
Podcast: [Not On Record Podcast](https://stenobird.com/podcast/not-on-record-podcast-5844918)
Published: 2026-01-26T02:00:08+00:00
Episode link: https://soundcloud.com/notonrecord/nor-197
Audio file: https://feeds.soundcloud.com/stream/2253877553-notonrecord-nor-197.mp3
Processing state: not_requested
JSON: https://stenobird.com/v1/public/podcasts/not-on-record-podcast-5844918/episodes/ep-197-why-lenient-sentences-aren-t-what-you-think
Duration seconds: 2984

## Resource

Sponsored by EasyDNS https://easydns.com/NotOnRecord Tonight, the crew breaks down **what sentencing actually is** (and when it happens), and why what looks “lenient” to the public can be the result of a very structured legal framework. They walk through the sentencing process after a **guilty plea vs. after a trial**, explain what it means when the **“facts are read in”** (and why the judge’s “are these facts substantially true?” question can derail a plea), and outline how Crown and defence approach sentencing with **aggravating vs. mitigating factors**, character reference letters, restitution, counselling, and case law. From there, they unpack **s.718 of the Criminal Code**: the purpose of sentencing, the six objectives (denunciation, deterrence, separation, rehabilitation, reparation, and restoration), and the **overriding principle of proportionality,** plus the additional principles like parity, totality, restraint/least restrictive sanctions, and individualized outcomes. The episode closes with a practical look at **ancillary orders** (DNA, weapons prohibitions, no-contact terms, victim fine surcharge) and why sentencing is never a simple “you did this, you get that” formula. ## **Short description** Why do “lenient” sentences happen? This episode explains the sentencing process, the goals in s.718, proportionality, aggravating/mitigating factors, joint submissions, and the extra orders judges can add. ## **SEO meta description (concise)** A practical breakdown of Canadian criminal sentencing: guilty plea vs trial, agreed facts, aggravating/mitigating factors, s.718 objectives, proportionality, parity/totality, joint submissions, and ancillary orders like DNA and prohibitions. ## **Hashtags** #CanadianLaw #CriminalLaw #Sentencing #CriminalCode #LegalPodcast #Co…

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## Transcript

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