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| If an accused person wishes to plead guilty then the court appearances should be adjourned to allow sufficient time to “negotiate” with Crown Counsel for the most appropriate sentence. For self-represented litigants, a duty counsel will assist with a sentencing negotiation with a Crown. It is generally a very good strategy to talk to Crown in advance about a joint submission where both sides agree on a sentence. Most Crown Counsel will be eager to agree to a reasonable sentencing position. Whether an agreement can or cannot be reached with the Crown, a sentencing hearing will be scheduled at which the accused/defence can present their position. If an agreement is reached with Crown, it is important to know that the judge is not bound by a joint submission. Though making a joint submission does increase the likelihood the accused will get the sentence defence is arguing for, it does not guarantee it [''[https://www.canlii.org/en/ca/scc/doc/2016/2016scc43/2016scc43.html?resultIndex=1 R. v. Anthony‑Cook]'', 2016 SCC 43]. See '''Appendix E: How to Prepare for and Conduct a Sentencing Hearing''' for the process of a guilty plea.
| | The sentencing hearing can either proceed immediately after a guilty plea is entered or be adjourned to permit the parties to prepare for the sentencing hearing. For self-represented litigants, a duty counsel will assist with a sentencing negotiation with the Crown. It is generally a good strategy to talk to Crown in advance of pleading guilty about the possibility of a joint submission where both sides agree on a sentence. Most Crown Counsel will agree to a reasonable joint sentencing position and will often stay some charges on a multi-count Information in exchange for a guilty plea on others. It is important to know that the judge is '''not''' bound by a joint submission (See ''[https://www.canlii.org/en/ca/scc/doc/2016/2016scc43/2016scc43.html?resultIndex=1 R. v. Anthony‑Cook]'', 2016 SCC 43]. See ''Appendix E''for the process of a guilty plea. |
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| Consequences of a guilty plea may include, but are not necessarily limited to: | | Consequences of a guilty plea may include, but are not necessarily limited to: |
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| *possible use of the conviction in subsequent proceedings; and | | *possible use of the conviction in subsequent proceedings; and |
| *possible deportation if the accused is not a Canadian citizen. | | *possible deportation if the accused is not a Canadian citizen. |
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| 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.
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| 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.
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| The judge also has discretion to credit an accused with any time spent in custody as a result of the charges.
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| == E. Sentencing hearing == | | == E. Sentencing hearing == |
