Canadian Criminal Sentencing

The book begins covering the principles and factors of sentencing that apply to just about every sentencing hearing. The second section reviews the available sentences to a sentencing judge. There are the obvious tools of jail, probations and fines, as well as the many additional options available f

When sentencing for multiple offences, the sentencing judge should commence by identifying a proper sentence for each offence, applying proper sentencing principles. 2. The judge should then consider whether any of the individual sentences should be made consecutive or concurrent on the ground that

Gladue, [1999 CanLII 679]( (SCC), [1999] 1 S.C.R. 688 set the basis for the interpretation of s.718.2(e) and the sentencing of aboriginal offenders. Section 718.2(e), requires courts to use a different approach to sentencing for aboriginal offenders. The court must consider:[2] - the unique systemic

725: **Other offences** 725. (1) In determining the sentence, a court (a) shall consider, if it is possible and appropriate to do so, any other offences of which the offender was found guilty by the same court, and shall determine the sentence to be imposed for each of those offences; (b) shall cons

**Where person bound by probation order convicted of offence** (4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court t

– [CCC]( ### Optional terms **Optional terms** of probation are listed at s. 732.1 (3): (a) report to a probation officer (i) within two working days, or such longer period as the court directs, after the making of the probation order, and (ii) thereafter, when required by the probation officer and

If the offender fails to pay, it is on the offender to show proof that they are unable to pay in the circumstances.[7] - ↑ s. 734; 716 - ↑ 734(2) - ↑ R. v. Topp, 2011 SCC 43 - ↑ R v Topp - ↑ R v Topp - ↑ R v Topp - ↑ R.

Whether to grant restitution is considered as part of the "totality" of the punishment.[4] Typically, the offender should have some ability to pay the amount, either at sentencing or in the future.[5] The court must take into consideration the offender's ability to pay.[6] However, where the offence

**General penalty** 787. (1) Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both. – [CCC]( ## Intermittent Sentence **Int

**Cumulative punishments** (4) The court or youth justice court that sentences an accused may direct that the terms of imprisonment that are imposed by the court or the youth justice court or that result from the operation of subsection 734(4) or 743.5(1) or (2) shall be served consecutively, when (

... **Discretionary prohibition order** 110. (1) Where a person is convicted, or discharged under section 730, of (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a), (b) and (c), in the commission of which violence against a person was used, threatened or attempted, or

However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of

– [CCC]( ### Default Where the offender cannot pay the fine amount by the date required by the fine order, the offender will be in default. The judge will specify the penalty in default at the time of the making of the fine order. Section 462.37(4) addresses default penalties: **Imprisonment in defa

– [CCC]( Under s. 490.8(1), the Attorney General may make an application for a restraint order against "offence-related property". Under s. 490.8(2), the application can be made ex parte and consist of an affidavit which includes: - the indictable offence to which the offence-related property relate

16(2)) Innocent persons with property interests in the goods may apply usually during a forfeiture hearing for the return of the items. (s. 19) - ↑ Scotia Mortgage Corp. v.

**Idem** (3) More than one order for further detention may be made under paragraph (2)(a) but the cumulative period of detention shall not exceed one year from the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless (a) a judge of a supe

v. Jackman, [1996] N.J. No. 107 (NLCA) “cannot be over-emphasized that, in making submissions to Court, counsel are not giving evidence but rather making argument in support of their respective submissions.” ## Accused addressing the Court At the end of the submissions by counsel, the accused is ent

A plea by itself is not enough.[1] A plea of guilty can only be accepted by the Court if the requirements of s. 606(1.1) are satisfied. The provision states: 606(1.1) A court may accept a plea of guilty only if it is satisfied that the accused (a) is making the plea voluntarily; and (b) understands

However, a judge may still consider the prior record when sentencing and can impose the mandatory minimum as long as it is in the range of sentence.[1] - ↑ R v Norris, (1988) 41 C.C.C. (3d) 441 (N.W.T.C.A.) ## Notice Notice of increased penalty is governed by s. 727(1): 727. (1) Subject to subsectio

30 - ↑ R. v. Jones, [1994 CanLII 85]( (SCC), [1994] 2 SCR 229 at p.396 ("...both the public interest in safety and the general sentencing interest of developing the most appropriate penalty for the particular offender dictate the greatest possible range of information on which to make an accurate ev

**Content of report** (3) Unless otherwise specified by the court, the report must, wherever possible, contain information on the following matters: (a) the offender’s age, maturity, character, behaviour, attitude and willingness to make amends; (b) subject to subsection 119(2) of the Youth Criminal

v. Anthony‑Cook, 2016 SCC 43 which needs to be added to this section.** A joint recommendation does not need to encompass all aspects of the sentence. There can be a joint recommendation on part of a sentence, such as the form of penalty, while still keeping aspects of the penalty in dispute, such a

Sentencing circles are given no mention in the Criminal Code. The authority to order a sentencing comes from the judge's power of the sentencing hearing. [1] The power over sentencing however stays with the judge at all times and can chose to not follow the recommendation of the circle. - ↑ R.

13 ## Early Release Under s. 120 of the Corrections and Conditional Release Act, [SC 1992 c 20]( the offender are ineligible for release anytime before the one third mark of their sentence or 7 years, whichever is less. ## Statutory Release "Statutory release" refers to the eligibility for release o