Re: copyright, crime, Canada

As I recall from my days as a judicial law clerk to a federal judge, the basic rule is that the defendant can only benefit from a change in a law (or sentencing guideline), and that if he/she is convicted, the sentence would be based upon the guidelines in effect at the time of the offense, unless the guidelines in effect at the time of conviction would result in shorter term of incarceration, a lower fine or the chance for probation.

Of course, this notion that the defendant benefits is based on my memory of events and the law as of 1990. Perhaps others have updated information.

As a practical matter, I would think a judge would try to obtain a result that was possible under both the original and the amended guidelines, unless you have a truly bad actor that deserves the worst punishment that could be meted out.

Chuck Meyer
<chuck_meyer[_at_]juno.com> Received on Wed Apr 30 1997 - 20:43:22 GMT