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Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"
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Resolving Criminal Matters Prior to Trial (1:VI) (view source)
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*possible deportation if the client is not a Canadian citizen. | *possible deportation if the client is not a Canadian citizen. | ||
In cases where there are two or more charges, a judge may order that sentences be served consecutively (one after the other) or concurrently (at the same time). Consecutive sentences are often ordered when the offences are unrelated and of a serious nature. | In cases where there are two or more charges, a judge may order that sentences be served consecutively (one after the other) or concurrently (at the same time). Consecutive sentences are often ordered when the offences are unrelated and of a serious nature, with the courts evaluating factors such as the nature and quality of the criminal acts, the temporal and spatial dimensions of the offences, the nature of the harm caused to the community or victims, the manner in which the criminal acts were perpetrated, and the offender’s role in the crimes. | ||
In cases where a judge finds it appropriate to impose consecutive sentences they must ensure that the entirety of the sentence is not excessive, in keeping with the Totality Principle. According to this principle the global sentence imposed by the judge must be proportionate to the gravity of the offences and the degree of responsibility of the offender. The sentence must also respect the principle of parity, which requires that similar sentences are imposed for similar offences committed by similar offenders in similar circumstances. | |||
The judge also has discretion to credit an accused with any time spent in custody as a result of the charges. | The judge also has discretion to credit an accused with any time spent in custody as a result of the charges. | ||
