Quantum of sentence - Canadian law

Factual Questions
1

I was reading the judge’s verdict in the Sammy Yatim case - http://s3.documentcloud.org/documents/3000801/3376-001.pdf where the judge lays out their thinking around sentencing a police office for attempted murder when I came across this legal term “quantum of sentence”. Here’s an example :

It looks like a term of art for levels attached to sentencing length/severity but I’m sure there’s more to it than that.

What exactly does it mean, entail and is it an artifact of common law in Canada or are there equivalent terms in other legal systems?

2

I think it is just fancy-pants talk for ‘length of sentence’.

‘Specific deterrence’ = to deter this particular person from doing it again (as opposed to “general deterrence” = deter anyone from doing it in the first place).

To translate:

‘The defence claims a longer sentence isn’t necessary to make sure this guy doesn’t think of doing it again’.

3

“because there’s no way the Toronto Police will ever take him back, let alone give him a gun.”

4

“Mr. Forcillo will probably never shoot another mentally unstable teen on a streetcar. We’re good here, right? Time served?”

5

It means the amount of the sentence, as opposed to the quality or type of the sentence. The quantum of a year’s probation is the same as that of a year’s imprisonment, but obviously they are qualitatively different.

6

“Quantum” in Latin merely means “amount” or some such, usually in a vague way. Often used in a “how much” context.

So, “amount of sentence”.

Too often, people think it should be used exclusively for tiny amounts.

7

I thought, given a 6 year sentence, there might be quantum #1 - 5 years as a minimum and quantum #2 - 1 year as deterrent factor for other police officers; quantum as a discreet step/amount.

I guess the judge was simply using it to refer to the entire sentence.

8

Or, to be more specific, the tiniest possible amount. My first thought, speaking purely grammatically, would be to assume the judge was saying “well, I either let you go free or sentence you to a year. Or two years. Or any multiple of 1 year because 1 year is the quantum of sentence.” But my second thought would be “nahhh, that doesn’t really make sense.”

9

Yes, it’s nothing more than highfalutin legalese for amount or extent.
http://www.duhaime.org/LegalDictionary/Q/Quantum.aspx

Lawyers worldwide were perplexed at how little solace seemed to mollify 007.

10

In the context, the “quantum of sentence” regards the entire process of determining the numeric sentence. In other context it may just be the final number resulting.

11

It’s precisely synonymous with “length” in this context, there’s nothing more to it.

12

If it’s any consolation, I’ve never heard a judge in my neck of the woods talk about “quantum of sentence”. I think it’s something those fancy Toronto lawyers and judges use. :smiley:

13

The concept of quantum implying discrete is yet another side effect of people not knowing the word’s origin and general meaning. The Romans knew squat about Planck.