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Understanding Family Violence and Sexual Assault in the Territories, First Nations, Inuit and Métis Peoples
Appendix: Crown Prosecutor File Review Questionnaire
Please, print clearly the answer for each question in the boxes.
CODING SHEET NUMBER # (F or S)-(number)
-
PART 1: CODER IDENTIFICATION
- 01
- 02
- 03
PART 2: CASE IDENTIFIERS
2.1 Crown attorney file number
2.2 CPIC (Canadian Police Information Centre) number If no CPIC number, please leave it blank
PART 3: SOCIODEMOGRAPHIC INFORMATION OF THE ACCUSED
3.1 Date of birth Year Month Day
3.2 Gender
- 01 Male
- 02 Female
3.3 Ethnic group
- 01 Inuit (as identified through name)
- 02 Inuit (as identified in file)
- 03 Other Aboriginal (as identified in file)
- 04 Caucasian
- 05 Other:
- 99 Unknown
3.4 Marital status at the time of the instant[12] offence/s
- 01 Single
- 02 Common-law[13]
- 03 Married
- 04 Divorced
- 05 Separated
- 06 Widowed
- 99 Unknown
3.5 Living arrangements at the time of the instant offence/s
- 01Alone
- 02With spouse/common-law
- 03With spouse/common-law and children (or step-children)
- 04With children (or step-children) only
- 05With parents
- 06With other relatives. Please specify:
- 07With friends
- 08Transient[14]
- 09Other:
- 99Unknown
3.6 Birth community of the accused
Northwest Territories
Outside NWT
- 01 Aklavik
- 02 Colville Lake
- 03 Deline
- 04 Fort Good Hope
- 05 Fort McPherson
- 06 Holman
- 07 Inuvik
- 08 Norman Wells
- 09 Paulatuk
- 10 Sachs Harbour
- 11 Tssigehtchic
- 12 Tuktoyaktuk
- 13 Tulita
- 14 Ford Liard
- 15 Fort Providence
- 16 Jean Marie River
- 17 Kakisa Lake
- 19 Nahanni Butte
- 20 Wrigley
- 21 Trout Lake
- 22 Rae Edzo
- 23 Gameti
- 24 Wha Ti
- 25 Wekweto (Snare Lakes)
- 26 Enterprise
- 27 Hay River Reserve[15]
- 28 Hay River
- 29 Fort Resolution
- 30 Lutselk’e
- 31 Fort Smith
- 32 Yellowknife
- 33 NWT but community unknown
- 34 Nunavut
- 35Yukon
- 36Other Canada
- 37Outside Canada
- 38 Fort Simpson
- 99 Unknown
3.7 Community in which the instant offence/s occurred
Northwest Territories
Outside NWT
- 01 Aklavik
- 02 Colville Lake
- 03 Deline
- 04 Fort Good Hope
- 05 Fort McPherson
- 06 Holman
- 07 Inuvik
- 08 Norman Wells
- 09 Paulatuk
- Please specify which ones:
10 Sachs Harbour - 11 Tssigehtchic
- 12 Tuktoyaktuk
- 13 Tulita
- 14 Ford Liard
- 15 Fort Providence
- 16 Jean Marie River
- 17 Kakisa Lake
- 18 Fort Simpson
- 19 Nahanni Butte
- 20 Wrigley
- 21 Trout Lake
- 22 Rae Edzo
- 23 Gameti
- 24 Wha Ti
- 25 Wekweto (Snare Lakes)
- 26 Enterprise
- 27 Hay River Reserve[16]
- 28 Hay River
- 29 Fort Resolution
- 30 Lutselk’e
- 31 Fort Smith
- 32 Yellowknife
- 33 NWT but community unknown
- 34 Multiple communities.
- 35 Nunavut
- 36 Yukon
- 37 Other Canada
- 38 Outside Canada
- 99 Unknown
3.8 Work status at the time of the instant offence/s
- 01 Traditional work only, such as hunting, fishing, artwork, other
- 02 Employed for pay and doing traditional work
- 03 Employed for pay full time
- 04 Employed for pay part time or seasonally
- 05 Employed for pay but full time or part time is unknown
- 06 Unemployed
- 07 Student
- 08 Other. Please specify
- 99 Unknown
3.9 Highest level of education achieved at the time of the instant offence/s
- 01 Illiterate or no school
- 02 Primary/elementary school
- 03 Secondary school
- 04 High school diploma
- 05 Some community or college
- 06 Community or college degree
- 07 Some university education
- 08 University degree
- 09 Post-graduate degree
- 99 Unknown
PART 4: PERSONAL HISTORY OF ACCUSED
4.1 Known victimization of accused[17] (Check all that apply.)
- 01 No victimization
- 02 Yes, physical victimization
- 03 Yes, emotional victimization
- 04 Yes,sexual victimization
- 99 Unknown
4.2 Any history of suicidal attempts?
- 01 Yes
- 02 No
- 99 Unknown
4.2 (b) Any history of suicidal ideation?
- 01 Yes
- 02 No
- 99 Unknown
4.3 Any history of violent behaviour?
- 01 Yes
- 02 No
- 99 Unknown
4.4 Who raised the accused? (Check all that apply.)
- 01 Parents
- 02 Adoptive/Foster parents
- 03 Grandparents
- 04 Other family members
- 05 Other. Please specify:
- 99 Unknown
4.5 Any history (past and/or up to the instant offence/s) of substance abuse. ( Check all that apply.)
- 01 No (Go to Part 5)
- 02 Yes,alcohol/home brew
- 03 Yes,drugs or other substance/s
- 04 Yes, but substance not clear
- 99 Unknown (Go to Part 5)
4.6 If yes to drugs, please specify which one. (Check all that apply.)
- 01 Cannabis
- 02 Hashish
- 03 Glue
- 04 Gasoline
- 05 Cocaïne
- 06 Heroïne
- 07 Ecstasy
- 08 Other. Please specify:
- 99 Unknown
4.7 If yes to any kind of substance abuse, what is the extent?
- 01Occasional
- 02Occasional but heavy quantity
- 03Regularly, i.e., more than once a week (no matter the quantity)
- 99Unknown
4.8 Did the accused receive any treatment for substance abuse?
- 01 Yes, just once
- 02 Yes, more than once
- 03 Yes, but don’t know to what extent
- 04 No
- 99 Unknown
PART 5: DETAILS OF CURRENT CHARGES/CONVICTIONS
5.1 Charge[18] #sec1 5.1 (a) If initial charge was dropped to a lesser charge, code the lesser charge
5.2 Date #sec1 (From) Year Month Day (To) Year Month Day
5.3 Plea#sec1 (Offender)
5.4 Decision/disposition #sec1 (Judge/Jury)
- 01 Charge withdrawn, stayed 01 Not guilty/acquittal
- 02 Pleads not guilty at first appearance, then pleads guilty at a later stage 02Peace bond
- 03 Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.
- 03 Judicialstay (by Judge) Reason:
- 04 Withdrawn by Crown Counsel
- 04 Not Guilty
- 05 Guilty 06Not criminally responsible
- 99 Unknown 07Unfit to stand trial
- 08 Other. Please specify:
- 09 Crown Counsel stay
- 99 Unknown
5.5 What date was the complaint made by the victim/s? OR 5.5 (a) Date of offender’s confession
Year Month Day
5.6 What date was the accused arrested? Year Month Day
5.7 Date of decision/disposition #sec1 Year Month Day
5.8 Date of sentence #sec1 Year Month Day
5. 9 What was the sentence for offence #sec1? ( Check all that apply.)
- 01 Absolute discharge
- 02 Conditional discharge and probation. Please write the number of days of probation:
- 03 Suspended sentence and probation. Please write the number of days of probation:
- 04 Conditional sentence. Please write the number of days: Please complete question 6.6
- 05 Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06 Personal services. Please describe:
- 07 Compensation order. Please describe:
- 08 Community service. Please write the type of community service:
- 09 Attend program. Please write what kind of program:
- 10 Probation. Please write the number of days of probation: Please complete question 6.5
- 11 Time served. Please write the number of days in time served prior to sentencing:
- 12 Custody. Please write the number of days of custody:
- 13 Intermittent custody. Please write the number of days in intermittent custody:
- 14 Other. Please specify:
- 99 Unknown
5.10 Charge #2 5.10 (a) If initial charge was dropped to a lesser charge, code the lesser charge
5.11 Date #2 (From) Year Month Day (To) Year Month Day
5.12 Plea#2 (Offender)
5.13 Decision/disposition #2 (Judge/Jury)
- 01 Charge withdrawn, stayed
- 01 Not guilty/acquittal
- 02Pleads not guilty at first appearance, then pleads guilty at a later stage
- 02Peace bond
- 03Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.
- 03Judicialstay (by Judge) Reason:
- 04 Withdrawn by Crown Counsel
- 04 Not Guilty
- 05 Guilty
- 06 Not criminally responsible
- 99 Unknown
- 07 Unfit to stand trial
- 08 Other. Please specify:
- 09Crown Counsel stay
- 99 Unknown
5.14 What date was the complaint made by the victim/s? OR 5.14 (a) Date of offender’s confession
- Year Month Day
5.15 What date was the accused arrested? Year Month Day
5.16 Date of decision/disposition #2 Year Month Day
5.17 Date of sentence #2 Year Month Day
5. 18 What was the sentence for offence #2? ( Check all that apply.)
- 01 Absolute discharge
- 02 Conditional discharge and probation. Please write the number of days of probation:
- 03 Suspended sentence and probation. Please write the number of days of probation:
- 04 Conditional sentence. Please write the number of days: Please complete question 6.6
- 05 Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06 Personal services. Please describe:
- 07 Compensation order. Please describe:
- 08 Community service. Please write the type of community service:
- 09 Attend program. Please write what kind of program:
- 10 Probation. Please write the number of days of probation: Please complete question 6.5
- 11 Time served. Please write the number of days in time served prior to sentencing:
- 12 Custody. Please write the number of days of custody:
- 13 Intermittent custody. Please write the number of days in intermittent custody:
- 14 Other. Please specify:
- 99 Unknown
5.19 Charge #35.19 (a) If initial charge was dropped to a lesser charge, code the lesser charge
5.20 Date #3 (From) Year Month Day (To) Year Month Day
5.21 Plea #3 (Offender)
5.22 Decision/disposition #3 (Judge/Jury)
- 01 Charge withdrawn, stayed
- 01 Not guilty/acquittal
- 02 Pleads not guilty at first appearance, then pleads guilty at a later stage
- 02 Peace bond
- 03 Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.
- 03 Judicialstay (by Judge) Reason:
- 04 Withdrawn by Crown Counsel
- 04 Not Guilty
- 05 Guilty
- 06 Not criminally responsible
- 99 Unknown
- 07 Unfit to stand trial
- 08 Other. Please specify:
- 09 Crown Counsel stay
- 99 Unknown
5.23 What date was the complaint made by the victim/s? OR 5.23 (a) Date of offender’s confession
- Year Month Day
5.24 What date was the accused arrested? Year Month Day
5.25 Date of decision/disposition #3 Year Month Day
5.26 Date of sentence #3 Year Month Day
5. 27 What was the sentence for offence #3? ( Check all that apply.)
- 01Absolute discharge
- 02Conditional discharge and probation. Please write the number of days of probation:
- 03Suspended sentence and probation. Please write the number of days of probation:
- 04Conditional sentence. Please write the number of days: Please complete question 6.6
- 05Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06Personal services. Please describe:
- 07Compensation order. Please describe:
- 08Community service. Please write the type of community service:
- 09Attend program. Please write what kind of program:
- 10Probation. Please write the number of days of probation: Please complete question 6.5
- 11Time served. Please write the number of days in time served prior to sentencing:
- 12Custody. Please write the number of days of custody:
- 13Intermittent custody. Please write the number of days in intermittent custody:
- 14Other. Please specify:
- 99Unknown
5.29 Date #sec4 (From) Year Month Day
(To) Year Month Day
5.30 Plea#sec4 (Offender)
5.31 Decision/disposition #sec4 (Judge/Jury)
- 01 Charge withdrawn, stayed
- 01 Not guilty/acquittal
- 02 Pleads not guilty at first appearance, then pleads guilty at a later stage
- 02 Peace bond
- 03 Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.
- 03 Judicialstay (by Judge) Reason:
- 04 Withdrawn by Crown Counsel
- 04 Not Guilty
- 05 Guilty
- 05 Guilty
06 Not criminally responsible - 99 Unknown
07 Unfit to stand trial - 08 Other. Please specify:
- 09 Crown Counsel stay
- 99 Unknown
5.32 What date was the complaint made by the victim/s? OR 5.32 (a) Date of offender’s confession
Year Month Day
5.33 What date was the accused arrested? Year Month Day
5.34 Date of decision/disposition #sec4 Year Month Day
5.35 Date of sentence #sec4 Year Month Day
5. 36 What was the sentence for offence #sec4? ( Check all that apply.)
- 01 Absolute discharge
- 02 Conditional discharge and probation. Please write the number of days of probation:
- 03 Suspended sentence and probation. Please write the number of days of probation:
- 04 Conditional sentence. Please write the number of days: Please complete question 6.6
- 05 Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06 Personal services. Please describe:
- 07 Compensation order. Please describe:
- 08 Community service. Please write the type of community service:
- 09 Attend program. Please write what kind of program:
- 10 Probation. Please write the number of days of probation: Please complete question 6.5
- 11 Time served. Please write the number of days in time served prior to sentencing:
- 12 Custody. Please write the number of days of custody:
- 13 Intermittent custody. Please write the number of days in intermittent custody:
- 14 Other. Please specify:
- 99 Unknown
5.37 Charge #sec5
5.37(a) If initial charge was dropped to a lesser charge, code the lesser charge
5.38 Date #sec5 (From) Year Month Day (To) Year Month Day
5.39 Plea#sec5 (Offender)
5.40 Decision/disposition #sec5 (Judge/Jury)
- 01Charge withdrawn, stayed
- 01Not guilty/acquittal
- 02Pleads not guilty at first appearance, then pleads guilty at a later stage
- 02 Peace bond
- 03Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.
- 03 Judicialstay (by Judge) Reason:
- 04 Withdrawn by Crown Counsel
- 04 Not Guilty
- 05 Guilty
- 06 Not criminally responsible
- 99 Unknown
- 07 Unfit to stand trial
- 08 Other. Please specify:
- 09 Crown Counsel stay
- 99 Unknown
5.41 What date was the complaint made by the victim/s? OR 5.41 (a) Date of offender’s confession
- Year Month Day
5.42 What date was the accused arrested? Year Month Day
5.43 Date of decision/disposition #sec5 5.44 Date of sentence #sec5
- Year Month Day
5. 45 What was the sentence for offence #sec5? ( Check all that apply.)
- 01Absolute discharge
- 02Conditional discharge and probation. Please write the number of days of probation:
- 03Suspended sentence and probation. Please write the number of days of probation:
- 04Conditional sentence. Please write the number of days: Please complete question 6.6
- 05Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06Personal services. Please describe:
- 07Compensation order. Please describe:
- 08Community service. Please write the type of community service:
- 09Attend program. Please write what kind of program:
- 10Probation. Please write the number of days of probation:Please complete question 6.5
- 11Time served. Please write the number of days in time served prior to sentencing:
- 12Custody. Please write the number of days of custody:
- 13Intermittent custody. Please write the number of days in intermittent custody:
- 14Other. Please specify:
- 99Unknown
5.46 Are there any additional charges?
- 01 No
- 02 Yes. Please specify the number of additional charges:
Please attach and fill in a charge form for each additional charge.
IF OFFENDER FOUND GUILTY ON CURRENT CHARGE/S If not found guilty on any charges, go directly to part 7
PART 6: MORE DETAILS ON THE SENTENCE/S
6.1 Was there a request for community banishment?
- 01 Yes
- 02 No
- 99 Unknown
6.2 Was there a prohibition for firearms/weapons?
- 01 Yes
- 02 No
- 99 Unknown
6.3 If custody for sexual and/or spousal assault, is it concurrent or consecutive?
- 01 Neither concurrent or consecutive because only 1 order
- 02 Concurrent
- 03 Consecutive
- 98 N/A
- 99 Unknown
6.4 If custody (under YCJA[19] only) for sexual and/or spousal assault, is it open or secure or both?
- 01 Open
- 02 Secure
- 03 Both Open and Secure. Number of days for Open: Number of days for Secure:
- 98 N/A
- 99 Unknown
6.5 If probation, please check the conditions. (Check all that apply)
- 98 Not applicable
- 99 Conditions not on file.
- 01 You must keep the peace and be of good behaviour.
- 02 You must promptly notify the court or probation officer or supervisor of any change of employment or occupation.
- 03 You must appear before the Court when required to do so.
- 04 You must notify the Court or your probation officer in advance of any change of name or address.
- 05 You must attend Court on the
day of , (year) at for the purpose of . - 06 You must report to a probation officer on and thereafter as directed you will be under the supervision of the probation officer.
- 07 You must remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the probation officer or supervisor.
- 08 You must reside at until further order of this court, and you will obey the rules of that residence OR in a residence or place as directed by your probation officer.
- 09 You must obey a curfew and be inside your residence between the hours of p.m. and a.m. daily unless you have been given written permission to be away from your home by your parents/probation officer/RCMP.
- 10 You must not approach within (number) meters of the residence or place of employment of victims.
- 11 You must abstain absolutely from the possession or consumption of any intoxicating substances (including alcohol) unless a physician lawfully prescribes the substance.
- 12 You must not be present in any residence/establishment where alcohol is being served.
- 13 You must not be under the influence of alcohol to any degree in a public place.
- 14 You must seek or maintain employment and provide a monthly report to your probation officer on your efforts to do so.
- 15 You will attend school regularly.
- 16 You will attend such educational or recreational programs as may be
directed by your probation officer and not be absent from these programs without the permission of your probation officer.
- 17 You must undergo an assessment (e.g. alcohol, psychological). Please describe:
- 18 You will attend counselling (e.g. family, anger management counselling, addictions counselling, alcohol counselling) directed by your probation officer. Please describe:
- 19 You must take a treatment
program. Please specify what kind:
- 20 You must perform hours of community service work as and when directed to do so by your probation officer his or her lawful designate) and to his or her satisfaction, to be completed by .
- 21 You must pay restitution in the amount of $ to be paid in full by .
- 22 You must perform hours of work service for the benefit of (if consented to by the victim in writing) and to the satisfaction of your probation officer, to be completed by .
- 23 You must make reasonable efforts to provide for the support and care
of .
- 24 You must have no direct or indirect contact with (the victim).
- 25 If (the victim) initiates contact with you, you must immediately notify your probation officer.
- 26 You must not resume cohabitation with victim.
- 27 You must not be present with children under the age of years old unless a reasonable adult is present.
- 28 You may not possess or carry any firearm or ammunition within any community in NWT. You may use a gun only for hunting while out on the land (in the company of a responsible adult).
- 29 You must meet with the Justice Committee as directed by your probation officer for the purpose of receiving traditional counselling or providing an in person apology to the victim.
- 30 You must immediately leave the presence of when you are requested to do so by her/him, or a member of the RCMP, and you must have no further contact with this person for a period of twenty-four hours following such a request.
- 31 Other condition. Please describe:
6.6 If conditional sentence, please check the conditions. (Check all that apply.)
- 98Not applicable
- 99Conditions not on file.
- 01You must keep the peace and be of good behaviour.
- 02You must promptly notify the court or probation officer or supervisor of any change pf employment or occupation.
- 03 You must appear before the Court when required to do so.
- 04You must notify the Court or your probation officer in advance of any change of name or address.
- 05You must attend Court on the day of , (year) at for the purpose of .
- 06You must report to a probation officer on and thereafter as directed you will be under the supervision of the probation officer.
- 07You must remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the probation officer or supervisor.
- 08 You must reside at until further order of this court, and you will obey the rules of that residence OR in a residence or place as directed by your probation officer.
- 09You must obey a curfew and be inside your residence between the hours of p.m. and a.m. daily unless you have been given written permission to be away from your home by your parents/probation officer/RCMP.
- 10You must not approach within (number) meters of the residence or place of
employment of victims.
- 11You must abstain absolutely from the possession or consumption of any intoxicating substances (including alcohol) unless a physician lawfully prescribes the substance.
- 12You must not be present in any residence/establishment where alcohol is being served.
- 13You must not be under the influence of alcohol to any degree in a public place.
- 14You must seek or maintain employment and provide a monthly report to your probation officer on your efforts to do so.
- 15You will attend school regularly.
- 16 You will attend such educational or recreational programs as may be
directed by your probation officer and not be absent from these programs without the permission of your probation officer.
- 17You must undergo an assessment (e.g. alcohol, psychological). Please describe:
- 18You will attend counselling (e.g. family, anger management counselling, addictions counselling, alcohol counselling) directed by your probation officer. Please describe:
- 19You must take a treatment
program. Please specify what kind:
- 20You must perform hours of community service work as and when directed to do so by your probation officer (or his or her lawful designate) and to his or her satisfaction, to be completed by.
- 21You must pay restitution in the amount of $ to be paid in full by .
- 22You must perform hours of work service for the benefit of(if consented to by the victim in writing) and to the satisfaction of your probation officer, to be completed by.
- 23You must make reasonable efforts to provide for the support and care
of.
- 24You must have no direct or indirect contact with (the victim).
- 25If (the victim) initiates contact with you, you must immediately notify your probation officer.
- 26You must not resume cohabitation with victim.
- 27You must not be present with children under the age of years old unless a reasonable adult is present.
- 28You may not possess or carry any firearm or ammunition within any community in NWT. You may use a gun only for hunting while out on the land (in the company of a responsible adult).
- 29You must meet with the Justice Committee as directed by your probation officer for the purpose of receiving traditional counselling or providing an in person apology to the victim.
- 30You must immediately leave the presence of when you are requested to do so by her/him, or a member of the RCMP, and you must have no further contact with this person for a period of twenty-four hours following such a request.
- 31Other condition. Please describe:
PART 7: INFORMATION AT TIME OF CHARGE, AT DETENTION AND AT TRIAL
7.1 What file are these current offences from?
- 01 Youth file (Youth Criminal Justice Act -YCJA)
- 02 Adult file (Criminal Code)
- 03 Both youth and adult files
- 99 Unknown
7.2 Was the accused on probation at time of charge?
- 01 Yes
- 02 No
- 99 Unknown
7.3 Was the accused on parole at time of charge?
- 01 Yes
- 02 No
- 99 Unknown
7.4 Was the accused under charge for other crimes when arrested? Please write the codes of the 4 most serious charges (See Appendix B for severity scale)
- 01 Yes. Charge #sec1 Charge #2 Charge #3 Charge #sec4
02 No - 99 Unknown
7.5 Was the offender detained?
- 01 No, never
- 02 Yes, by police after arrest
- 03 Yes, by Justice of Peace by bail hearing
- 04 Yes, during case processing after a warrant issued
- 05 Yes, during case processing on another charge
- 06 Yes, by the court during case processing for other reason. Please specify:
- 07 Yes, multiple detentions after arrest
- 08 Yes, other (e.g. yes, detained but dk whether 2 or 3 or 4; in custody all the time)
- 99 Unknown
7.6 Was the accused represented by counsel when in court?
- 01 Yes
- 02 No
- 99 Unknown
7.7 If accused represented by counsel, was it a legal aid counsel?
- 01 Yes
- 02 No
- 99 Unknown
7.8 Was the accused diverted to an alternative justice?
- 01 No
- 02 Yes. The accused was referred to community justice (community justice committee).
- 03 Yes. The accused was referred to alternative justice, other than community justice. Please specify:
- 04 Alternative or community justice was suggested but not available.
- 99 Unknown
7.9 Date of first appearance in court Year Month Day
7.10 Date of last appearance in court (or date of completion of file)?
- Year Month Day
7.11 Number of hearings
7.12 Is there any indication of lack of knowledge of English by the accused when in court?
- 01Yes. Please explain:
- 02 No
- 99 Unknown
7.13 Was a trial date set for the instant offence/s?
- 01 Yes
- 02 No (Go to Q 7.15)
- 99 Unknown
7.14 If yes, did a trial actually take place?
- 01Yes (Go to Q 7.16)
- 02No
- 99Unknown
7.15 If no trial took place, why not?
- 01Accused plead guilty from the right beginning.
- 02Accused changed plea.
- 03Plea bargain to plead to a lesser charge
- 04Crown ould not proceed with trial due to problems with evidence, witnesses, etc.
- 05Other. Please specify:
- 99 Unknown
7.16 Date of first trial Year Month Day
7.17 Was it a trial before a judge alone or a trial before a jury?
- 01A judge alone
- 02A judge and jury
- 99Unknown
7.18 Was the verdict appealed?
- 01Yes
- 02No
- 03No. The request was denied.
- 99Unknown
- Charge #sec1 Charge #2 Charge #3 Charge #sec4
7.20 Was the Appeal successful?
- 01Yes, on the verdict only.
- 02Yes, on the sentence only.
- 03Yes, on both the verdict and the sentence.
- 04No
- 99Unknown
- Charge #sec1: Charge #2: Charge #3: Charge #sec4:
PART 8: CHARACTERISTICS OF THE INSTANT OFFENCE[20]
8.1 Alcohol and or drug consumption of accused preceeding or as part of the most severe incident of sexual or spousal assault?
- 01 No (Go to Q 8.3)
- 02 Yes,alcohol only
- 03 Yes,drug/s only
- 04 Yes,both alcohol & drugs
- 05 Yes,some alcohol or drugs consumed prior to incident but unknown what substances were consumed
- 06 Yes,some other substances such as glue, gasoline
- 99 Unknown
8.2 What type of substance did the accused use at time of offence? (Check all that apply).
- 01Cannabis
- 02Hashish
- 03Glue
- 04Gasoline
- 05Cocaïne
- 06Heroïne
- 07Ecstasy
- 08Other. Please specify:
- 99Unknown
8.3 Was a weapon involved in the offence?
- 01Yes
- 02No (Go to 8.5)
- 99Unknown (Go to 8.5)
8.4 If yes, what kind of weapon? (Check all that apply)
- 01Blunt instrument, e.g., hard or heavy object such as a chair, a baseball ball, unbroken beer bottle, wooden stick.
- 02Knife
- 03Other piercing or cutting instrument, e.g., hatchet, razor blade, broken bottle. Please specify:
- 04Firearm-type weapon, but not a firearm (BBgun, facsimile gun, starter’s pistol, pellet pistol, etc.). Specify:
- 05Firearm (rifle, shotgun, handgun). Please specify:
- 06Other. Please specify:
- 99Unknown
8.5 Is it alleged that the accused committed his/her crime with anyone else?
- 01No
- 02Yes
- 99Unknown
8.6 If yes, how many others?
8.7 If yes, what is the number of co-accused?[21]
PART 9: VICTIMS.
9.1 Number of victim/s who were injured
9.2 Age of Victim #sec1
9.3 Sex of victim #sec1
- 01 Male
- 02 Female
9.4 Was a Victim Impact Statement (VIS) prepared by the victim #sec1?
- 01Yes
- 02No
9.5 Nature of the most serious physical injuries[22] for victim # 1
- 01 No injury.
- 02 Minor physical injury -injury that required no professional medical treatment or only some first aid, e.g. scratches, bruises, cuts, abrasions.
- 03 Major physical injury -injury that is more than
“trifling”
or“transient”
in nature and that required professional medical attention at the scene or transportation to a hospital emergency/outpatient department, e.g. stitches, broken bones. - 04 Other. Please specify:
- 99 Unknown
9.6 Nature of emotional trauma for victim # 1 (Check all that apply.)
- 01No known emotional trauma.
- 02Fear/Scare/Frightened
- 03Angry
- 04Behavioural change (e.g. cannot leave the house). Please specify:
- 05Distress
- 06Emotionally unstable. Please describe:
- 07 Depression
- 08 Suicidal ideas or attempts
- 09 Other. Please specify:
- 99 Unknown
9.6 (a) Was the victim #sec1 under the influence of drugs or/and alcohol when the incident happened?
- 01 Yes. Please write what kind of substance:
- 02 No
- 99 Unknown
9.6 (b) Was the offender under the influence of drugs or/and alcohol when he/she assaulted the victim #sec1?
- 01 Yes. Please write what kind of substance:
- 02No
- 99Unknown
9.7 What is the relationship between the accused and the victim# 1? (Victim # 1 is the of the accused.)
- 01Spouse
- 02Common-law partner
- 03Separated husband/wife
- 04Divorced husband/wife
- 05Same sex partner
- 06Boyfriend/Girlfriend
- 07Extra-marital lover
- 08Son/Daughter
- 09 Step-child
- 10Grand-child
- 11Niece/Nephew
- 12Sibling
- 13Friend
- 14Neighbour
- 15Casual acquaintance
- 16Stranger
- 17Other:______
- 18 Student
- 99Unknown
9.7 (a) Did Victim #sec1 refuse to pursue charges?
- 01Yes
- 02No
- 99Unknown
9.7 (b) Did Victim #sec1 want to testify in court?
- 01Yes
- 02No. Victim #sec1 was a reluctant witness (did not want to testify from the right beginning)
- 03No. Victim #sec1 was a recanting witness (wanted to testify at the beginning but did not want after)
- 99Unknown
9.8 Age of Victim #2
9.9 Sex of victim #2
- 01 Male
- 02 Female
9.10 Was a Victim Impact Statement (VIS) prepared by the victim #2?
- 01 Yes
- 02 No
9.11 Nature of the most serious physical injuries for victim # 2
- 01 No injury.
- 02 Minor physical injury -injury that required no professional medical treatment or only some first aid, e.g. scratches, bruises, cuts, abrasions.
- 03 Major physical injury -injury that is more than
“trifling”
or“transient”
in nature and that required professional medical attention at the scene or transportation to a hospital emergency/outpatient department, e.g. stitches, broken bones. - 04 Other. Please specify:
- 99 Unknown
9.12 Nature of emotional trauma for victim # 2 (Check all that apply.)
- 01No known emotional trauma.
- 02Fear/Scare/Frightened
- 03Angry
- 04Behavioural change (e.g. cannot leave the house). Please specify:
- 05Distress
- 06Emotionally unstable. Please describe:
- 07Depression
- 08Suicidal ideas or attempts
- 09Other. Please specify:
- 99Unknown
9.12 (a) Was the victim #2 under the influence of drugs or/and alcohol when the incident happened?
- 01Yes. Please write what kind of substance:
- 02No
- 99Unknown
- 01Yes. Please write what kind of substance:
- 02No
- 99Unknown
9.13 What is the relationship between the accused and the victim #2? (Victim # 2 is the…of the accused.)
- 01 Spouse
- 02 Common-law partner
- 03 Separated husband/wife
- 04 Divorced husband/wife
- 05 Same sex partner
- 06 Boyfriend/Girlfriend
- 07 Extra-marital lover
- 08 Son/Daughter
- 09 Step-child
- 10 Grand-child
- 11 Niece/Nephew
- 12 Sibling
- 13 Friend
- 14 Neighbour
- 15 Casual acquaintance
- 16 Stranger
- 17 Other:
- 18 Student
- 99 Unknown
9.13(a) Did Victim #2 refuse to pursue charges?
- 01Yes
- 02No
- 99Unknown
9.13 (b) Did Victim #2 want to testify in court?
- 01Yes
- 02No. Victim #2 was a reluctant witness (did not want to testify from the right beginning)
- 03No. Victim #2 was a recanting witness (wanted to testify at the beginning but did not want after)
- 99Unknown
9.14 Age of Victim #3
9.15 Sex of victim #3
- 01Male
- 02Female
9.16 Was a Victim Impact Statement (VIS) prepared by the victim #3?
- 01Yes
- 02No
9.17 Nature of the most serious physical injuries for victim # 3
- 01No injury.
- 02Minor physical injury -injury that required no professional medical treatment or only some first aid, e.g. scratches, bruises, cuts, abrasions.
- 03Major physical injury -injury that is more than
“trifling”
or“transient”
in nature and that required professional medical attention at the scene or transportation to a hospital emergency/outpatient department, e.g. stitches, broken bones. - 04 Other. Please specify:
- 99Unknown
9.18 Nature of emotional trauma for victim # 3 (Check all that apply.)
- 01No known emotional trauma.
- 02Fear/Scare/Frightened
- 03Angry
- 04Behavioural change (e.g. cannot leave the house). Please specify:
- 05Distress
- 06Emotionally unstable. Please describe:
- 07Depression
- 08Suicidal ideas or attempts
- 09Other. Please specify:
- 99Unknown
9.18 (a) Was the victim #3 under the influence of drugs or/and alcohol when the incident happened?
- 01Yes. Please write what kind of substance:
- 02No
- 99Unknown
9.18 (b) Was the offender under the influence of drugs or/and alcohol when he/she assaulted the victim #3?
- 01Yes. Please write what kind of substance:
- 02No
- 99Unknown
9.19 What is the relationship between the accused and the victim#3? (Victim # 3 is the …of the accused.)
- 01 Spouse
- 02 Common-law partner
- 03 Separated husband/wife
- 04 Divorced husband/wife
- 05 Same sex partner
- 06 Boyfriend/Girlfriend
- 07 Extra-marital lover
- 08 Son/Daughter
- 09 Step-child
- 10 Grand-child
- 11 Niece/Nephew
- 12 Sibling
- 13 Friend
- 14 Neighbour
- 15 Casual acquaintance
- 16 Stranger
- 17 Other:
- 18 Student
- 99 Unknown
- 01 Yes
- 02 No
- 99 Unknown
9.19 (b) Did Victim #3 want to testify in court?
- 01 Yes
- 02 No. Victim #3 was a reluctant witness (did not want to testify from the right beginning)
- 03 No. Victim #3 was a recanting witness (wanted to testify at the beginning but did not want after)
- 99 Unknown
PART 10: Victim Risk Assessment Form
10.1 Was there a Victim Risk Assessment form completed?
- 01 Yes. Please copy the form and attach it to the questionnaire
- 02 No
- 99 Unknown
PART 11: Predisposition report (PRD)
11.1 Was the court provided with a predisposition report (PDR)? If the answer is “no”
, “N/A”
or “unknown”
, go to part 12.
- 01 Yes
- 02 No
- 98 N/A
- 99 Unknown
11.2 Was there a recommendation for sentence in the PDR? (Check all that apply).
- 01 No recommendation discernable
- 02 Recommendation for custody (e.g. has not been successful on previous community dispositions)
- 03 Recommendation for community sentence
- 04 Other. Please specify:
- 99 Unknown
11.3 What were the positive attributes in PDR for recommended sentence? (Check all that apply.)
- 01 Shows remorse
- 02 Victim empathy
- 03 Good attitude
- 04 Successful on previous dispositions, such as previous community sentences or alternatives measures
- 05 Accepts responsibility for the offence
- 06 First offence
- 07 Has employment
- 08 Has undertaken rehabilitation measures, counseling, etc.
- 09 Has offered to make restitution to victim
- 10 Stable family life
- 11 Has positive recommendation from community, employer, etc.
- 12 Other. Pleasespecify:
- 99 Unknown
11.4 What were the negative attributes in PDR for recommended sentence? (Check all that apply.)
- 01 Shows no remorse
- 02 Shows no victim empathy
- 03 Unstable home/residential situation
- 04 Alcohol and or drug consumption or problem
- 05 Behaved badly on previous dispositions; did not respect conditions on previous community sentences
- 06 Large number of prior offences
- 07 Seriousness of prior record
- 08 Similarity of prior record to current offences
- 09 Escalation of seriousness of offences
- 10 Does not accept responsibility for the offence
- 11 History of violent behaviour whether or not charged
- 12 No stable employment
- 13 No stable residence
- 14 Other. Please specify:
- 99 Unknown
PART 12: Psychological or psychiatric indicators
12.1 Was any psychological or psychiatric report provided to the court?
- 01Yes, a psychiatric report was provided.
- 02 Yes, a psychological report was provided.
- 03 Yes, both a psychological and a psychiatric report were provided.
- 99 No psychiatric or psychological report found in the file.
12.2 Known disorders[23] or disabilities at the time of the instant offence (Check all that apply.)
- 01 No known disorder
- 02 Developmentally delayed/Low level functioning
- 03 Mental disability
- 04 Conduct disorder
- 05 Attention deficit disorder
- 06 Post-traumatic stress syndrome
- 07 Hyperactive
- 08 Minor depression
- 09 Major depression
- 10 Bordeline personality disorder
- 11 Substance abuse
- 12 Pedophilia
- 13 Sexual disorder. Please describe (e.g. paraphilia[24]):
- 14Fetal alcohol spectrum disorder FAS/FAE/ARND)
- 15Physical disability/physical health problems. Please describe:
- 16Other. Please describe:_
- 99Unknown
12.3 Was there a recommendation for sentence or treatment in the psychological/psychiatric report? (Check all that apply.)
- 01 No recommendation discernable
- 02 Recommendation for open custody
- 03 Recommendation for secure custody
- 04 Recommendation for custody, but unknown if open or secure
- 05 Recommendation for community disposition
- 06 Recommendation for treatment. PleaseSpecify:
- 07 Other. PleaseSpecify:
- 99 Unknown
12.4 Does the offender show remorse for the offence? This aspect of remorse has to be clearly mentioned in the report.
- 01 Yes
- 02 No
- 99 Unknown
12.5 Does the offender accept responsibility for his or her actions? This aspect of responsibility has to be clearly mentioned in the report.
- 01 Yes, the offender accepts responsibility. Please write if it is full or partial responsibility:
- 02 No, the offender does not accept responsibility.
- 99 Unknown
12.6 Did the offender apologize to the victim(s)? It has to be clearly mentioned in the report that the offender apologize.
- 01 Yes
- 02 No
- 99 Unknown
PART 13: IN A CASE OF SEXUAL ASSAULT[25]
13.1 Was an order authorizing the taking of bodily substances for forensic DNA analysis requested?
- 01 Yes
- 02 No
- 99 Unknown
13.2 Was a sexual kit administered?
- 01 Yes
- 02 No
- 99 Unknown
13.3 Was the victim under the influence of drugs or/and alcohol when the sexual assault happen?
- 01Yes. Please write what kind of substance:
- 02No
- 99Unknown
13.4 Where was the victim sexually assaulted? (Check all that apply.)
- 01At her/his own home
- 02At the offender’s home
- 03At the offender’ and victim’s home (when living together)
- 04At a party
- 05Inside a public place. Please describe:
- 06Outdoor anywhere in the community. Please describe:
- 7Other. Please describe:
- 99Unknown
13.5 Were there any witnesses?
- 01Yes. How many: or at least: persons
- 02No
- 99Unknown
13.6 If any witnesses, who were they? (Checkall that apply.)
- 01Offender’s children
- 02Victim’s children
- 03Offender and victim’s children
- 04Other children
- 05Offender’s friends
- 06Victim’s friends
- 07Offender’s relatives
- 08Victim’s relatives
- 09Other adults
- 10Other. Please describe:
- 99Unknown
13.7 If witnesses, did they try to impede the sexual assault?
- 01Yes. Please describe:
- 02No
- 99Unknown
13.8 If the victim was sexually assaulted by his/her partner or boyfriend/girlfriend, did the victim return to the relationship after the assault?
- 01Yes. Please describe why (from the victim’s point of view):
- 02No
- 03No. Victim wanted to return to the relationship, but it did not happen for this particular reason[26]:
- 99Unknown
13.9 If the victimwas living with the offender, did they continue to cohabite after the sexualassault?
- 01Yes
- 02No
- 03No. Victim wanted to cohabite, but the cohabitation did not happen for this particular reason[27]:
- 99Unknown
PART 14: IN A CASE OF SPOUSAL ASSAULT[28]
14.1 What was the rationale used by the offender to explain the assault on the victim?
14.2 Does the offender demonstrate a high tendency towards violence?
- 01Yes
- 02No
- 99Unknown
14.3 How long is/was the relationship between the offender and the victim when the assault happen?
- days
14.4 Does the couple have children?
- 01Yes. Please specify how many children reside with the couple:
Among them, how many biological[29] children:
Non-biological children:
Adopted children: - Custom adopted children: Foster children:
- 02No
- 99Unknown
14.4 (a) Was the victim pregnant when the assault happened?
- 01Yes
- 02No
- 99Unknown
14.4 (b) Did the victim assault the offender first?
- 01Yes
- 02No
- 99Unknown
14.4 (c) If the victim assaulted the offender first, did the victim use a weapon?
- 01Yes. Please write the kind of weapon:
- 02No
- 99Unknown
14.5 How many times the offender assaulted the victim before the instant offence/s?
- 01The offender never assaulted the victim before
- 02The offender assaulted the victim between one and five times before
- 03The offender assaulted the victim more than five times before
- 04The offender assaulted the victim before but unknown how many times
- 99Unknown
14.6 Where was the victim assaulted? (check all that apply.)
- 01At her/his own home
- 02At the offender’s home
- 03At the offender’ and victim’s home (when living together)
- 04At a party
- 05Inside a public place. Please describe:
- 06Outdoor in the community. Please describe:
- 07Other. Please describe:
- 99Unknown
14.7 Were there any witnesses?
- 01Yes. How many: or at least: persons
- 02Yes, but don’t know how many witnesses.
- 03No
- 99Unknown
14.8 If any witnesses, who were they? (Check all that apply.)
- 01Offender’s children
- 02Victim’s children
- 03Offender and victim’s biological children
- 04Other children
- 05Offender’s friends
- 06Victim’s friends
- 07Offender’s acquaintances
- 08Victim’s acquaintances
- 09Offender’s relatives
- 10Victim’s relatives
- 11Strangers
- 12Other. Please describe:
- 99Unknown
14.9 If witnesses, did they try to impede the assault?
- 01Yes. Please describe:
- 02No
- 99Unknown
14.10 Did the victim return to the relationship with the offender after the assault?
- 01Yes
- 02No
- 03No. Victim wanted to return to
the relationship, but it did not happen for this particular reason:
- 99Unknown
14.11 If the victim was living with the offender before the assault, did they continue to cohabite after the assault?
- 01Yes
- 02No
- 03No. Victim wanted to cohabite,
but the cohabitation did not happen for this particular reason:
- 99Unknown
PART 15: PRIOR RECORD[30] OF THE ACCUSED AT THE TIME OF THE INSTANT OFFENCE (S)
15.1 Any prior contact with the justice system? Includes charges laid but not proceeded with, Crown caution, prior findings of not guilty, dismissals, alternative measures as well as convictions.
- 01 No
- 02 Yes
- 99 Unknown
15.2 Any prior convictions/findings of guilt?
- 01 No
- 02 Yes
- 99 Unknown
15.3 If yes, what is the total number of prior convictions/findings of guilt (excluding the instant offence/s)?
15.4 What was the most serious offence? Please use codes in Appendix A.
15.5 What is the number of counts for this type of offence?
15.6 Date of the most serious offence. If different dates for the most serious offences, write the most recent
- Year Month Day
15.7 Any prior convictions for sexual assault ? Please exclude the instant offence/s
- 01 No
- 02 Yes. How many:
- 99 Unknown
15.8 Any prior convictions for assault? Please exclude the instant offence/s
- 01 No
- 02 Yes. How many:
- 99 Unknown
15.9 Any indicators of previous convictions for family violence
- 01 No
- 02 Yes. How many:
- 99 Unknown
If any sexual assault or assault, please write the pertinent code for each offence, the date of conviction and the sentence:
15.10 code#sec1
15.11 Year Month Day
15.12 What was the sentence: (Check all that apply.)
- 01Absolute discharge
- 02Conditional discharge and probation. Please write the number of days of probation:
- 03Suspended sentence and probation. Please write the number of days of probation:
- 04Conditional sentence. Please write the number of days:
- 05Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06Personal services. Please describe:
- 07Compensation order. Please describe:
- 08Community service. Please write the type of community service:
- 09Attend program. Please write what kind of program:
- 10Probation. Please write the number of days of probation:
- 11Time served. Please write the number of days in time served prior to sentencing:
- 12Custody. Please write the number of days of custody:
- 13Intermittent custody. Please write the number of days in intermittent custody:
- 14Other. Please specify:
- 99Unknown
15.13 code#2
15.14 Year Month Day
15.15 What was the sentence: (Check all that apply.)
- 01Absolute discharge
- 02Conditional discharge and probation. Please write the number of days of probation:
- 03Suspended sentence and probation. Please write the number of days of probation:
- 04Conditional sentence. Please write the number of days:
- 05Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06Personal services. Please describe:
- 07Compensation order. Please describe:
- 08Community service. Please write the type of community service:
- 09Attend program. Please write what kind of program:
- 10Probation. Please write the number of days of probation:
- 11Time served. Please write the number of days in time served prior to sentencing:
- 12Custody. Please write the number of days of custody:
- 13Intermittent custody. Please write the number of days in intermittent custody:
- 14Other. Please specify:
- 99Unknown
15.16 code#3 15.17 Year Month Day
15.18 What was the sentence: (Check all that apply.)
- 01Absolute discharge
- 02Conditional discharge and probation. Please write the number of days of probation:
- 03Suspended sentence and probation. Please write the number of days of probation:
- 04Conditional sentence. Please write the number of days:
- 05Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06Personal services. Please describe:
- 07Compensation order. Please describe:
- 08Community service. Please write the type of community service:
- 09Attend program. Please write what kind of program:
- 10Probation. Please write the number of days of probation:
- 11Time served. Please write the number of days in time served prior to sentencing:
- 12Custody. Please write the number of days of custody:
- 13Intermittent
custody. Please write the number of days in intermittent custody:
- 14Other. Please specify:
- 99Unknown
15.19 code#sec4 15.20 Year Month Day
15.21 What was the sentence: (Check all that apply.)
- 01Absolute discharge
- 02Conditional discharge and probation. Please write the number of days of probation:
- 03Suspended sentence and probation. Please write the number of days of probation:
- 04Conditional sentence. Please write the number of days:
- 05Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06Personal services. Please describe:
- 07Compensation order. Please describe:
- 08Community service. Please write the type of community service:
- 09Attend program. Please write what kind of program:
- 10Probation. Please write the number of days of probation:
- 11Time served. Please write the number of days in time served prior to sentencing:
- 12Custody. Please write the number of days of custody:
- 13Intermittent custody. Please write the number of days in intermittent custody:
- 14Other. Please specify:
- 99Unknown
15.22 code#sec5
15.23 Year Month Day
15.24 What was the sentence: (Check all that apply.)
- 01Absolute discharge
- 02Conditional discharge and probation. Please write the number of days of probation:
- 03Suspended sentence and probation. Please write the number of days of probation:
- 04Conditional sentence. Please write the number of days:
- 05Fine/Restitution. Please write the dollar amount of fine/restitution:
- 06Personal services. Please describe:
- 07Compensation order. Please describe:
- 08Community service. Please write the type of community service:
- 09Attend program. Please write what kind of program:
- 10Probation. Please write the number of days of probation:
- 11Time served. Please write the number of days in time served prior to sentencing:
- 12Custody. Please write the number of days of custody:
- 13Intermittent custody. Please write the number of days in intermittent custody:
- 14Other. Please specify :
- 99Unknown
End of the coding sheet
