How does the Crown prosecutor determine what position to take on a sentencing?

Previous cases and statute law determine the prosecutor's position on sentencing in individual cases. The appropriate sentence, however, is determined by the circumstances of the offence and of the offender.

Maximum, and sometimes minimum, sentences are ordinarily set out in legislation such as the Criminal Code. The Criminal Code also sets out sentencing principles.

Cases previously decided by the courts also set out sentencing principles and determine sentence ranges.