INTRODUCTION AND BRIEF DESCRIPTION
The sequence of convictions is the only factor considered, regardless of the sequence of offenses or timing.
SECTION WORDING
279.1(2.2) For the purposes of subsection (2.1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
EXPLANATION
Section 279.1(2.2) of the Criminal Code of Canada is a provision that clarifies the sequence of convictions in the context of sexual offences. This provision is relevant to Section 279.1(2.1), which mandates the imposition of consecutive periods of parole ineligibility for those found guilty of sexual offences committed against multiple victims. The main purpose of this provision is to ensure that the court considers only the sequence of convictions when imposing sentence enhancements for sexual offences committed against multiple victims. The provision precludes the consideration of other factors such as the order in which the offences were committed or the timing of the convictions. The provision addresses the concern that courts might inadvertently punish an offender twice for the same crime or fail to recognize the severity of an offence committed later in the series. It emphasizes that the order in which the convictions occur is what matters in determining the appropriate sentence. Additionally, the provision eliminates challenges to the application of the consecutive sentence rule, a factor that can affect defendants who face multiple charges of sexual assault. By laying down clear guidelines, the provision ensures that the sentencing process runs smoothly and follows a logical sequence that prioritizes the protection of the victim's interests. Overall, Section 279.1(2.2) of the Criminal Code of Canada plays a valuable role in ensuring that the sentences handed out in cases of sexual assault accurately reflect the nature and frequency of the offences committed, without overcrowding the criminal justice system with redundant legal challenges.
COMMENTARY
Section 279.1(2.2) of the Criminal Code of Canada deals with the sentencing of individuals who have been convicted of multiple offences related to sexual assault. This section stipulates that when considering the sequence of convictions for multiple sexual assault offences, no consideration should be given to the sequence in which the offences were committed or whether any offence occurred before or after any conviction. This provision is intended to prevent an individual from receiving a lighter sentence simply because some of their sexual assaults were committed before they were convicted of others. For example, if an individual committed five sexual assaults and was convicted of three, they would still be subject to a greater sentence than if they had only committed three sexual assaults. Under this provision, the only relevant factor is the sequence of convictions, not the sequence of commission of offences or the timing of the offences relative to the convictions. This provision is consistent with the principle of proportionality in sentencing. Proportionality requires that the severity of a sentence be proportional to the gravity of the offence and the degree of responsibility of the offender. This means that an offender who commits multiple offences should receive a greater sentence than one who commits only one offence. At the same time, the severity of the sentence should not be affected by external factors, such as the timing of the offences relative to the convictions. The provision also promotes accountability for sexual assault offences. It reflects the view that an individual who has committed multiple sexual assaults should be held accountable for all of their actions, regardless of when they occurred. This promotes a greater sense of justice for survivors of sexual assault, who can be assured that offenders will be held accountable for all of their actions. Finally, the provision recognizes that sexual assault is a serious offence that warrants severe punishment. Even a single sexual assault can have a profound impact on a survivor's life. For an individual to commit multiple sexual assaults is a terrible violation of the most basic human rights. This provision ensures that those who commit such offences are punished accordingly. In conclusion, section 279.1(2.2) of the Criminal Code of Canada provides an important provision for the sentencing of individuals convicted of multiple sexual assault offences. It ensures that offenders are held accountable for all of their actions and promotes a sense of justice for survivors of sexual assault. At the same time, it is consistent with the principle of proportionality in sentencing and recognizes the seriousness of sexual assault as an offence.
STRATEGY
Section 279.1(2.2) of the Criminal Code of Canada is a provision that governs the sentencing of repeat offenders for certain sexual offenses. According to this provision, when determining the appropriate sentence for a repeat offender, the only factor that matters is the sequence of convictions, and no consideration should be given to the sequence of commission of crimes or whether any offense occurred before or after any conviction. One of the primary strategic considerations when dealing with this provision is the potential impact it could have on the sentencing of repeat offenders. If a defendant has prior convictions for sexual offenses, this provision could result in a longer sentence than would otherwise be possible under the sentencing guidelines if the defendant had committed the most recent offense first. Therefore, prosecutors who are pursuing cases against repeat offenders may try to emphasize the importance of this provision in order to secure a longer sentence. In contrast, defense attorneys may employ a variety of strategies to minimize the impact of this provision. For example, they may try to argue that the prosecution has not proven beyond a reasonable doubt that the defendant committed prior sexual offenses, or they may try to argue that the prior convictions were not relevant to the crime in question. In addition, defense attorneys may also try to argue that the defendant has shown significant rehabilitation since their previous convictions, which could warrant a more lenient sentence. Another factor to consider when dealing with this provision is the potential impact it could have on plea negotiations. If a defendant is facing charges for a sexual offense and has prior convictions for similar offenses, they may be more likely to consider pleading guilty in order to receive a shorter sentence under this provision. Prosecutors, on the other hand, may be less likely to offer plea deals in such cases, given the potential for longer sentences. In addition to these strategic considerations, there are a number of other strategies that could be employed when dealing with this provision. For example, prosecutors may try to emphasize the importance of this provision when presenting their case to the jury, in order to persuade them to convict the defendant on the most serious charges possible. Defense attorneys may also try to challenge the constitutionality of this provision, arguing that it violates the defendant's rights to due process or equal protection under the law. Overall, Section 279.1(2.2) of the Criminal Code of Canada is an important provision that can have significant implications for the sentencing of repeat sexual offenders. As such, both the prosecution and defense must carefully consider the strategic implications of this provision when pursuing cases involving such offenders. By doing so, they can ensure that the rights of all parties involved are protected while still seeking justice for victims of sexual offenses.