INTRODUCTION AND BRIEF DESCRIPTION
This section allows a person convicted of second degree murder and sentenced to imprisonment for life without parole eligibility for more than ten years to appeal the length of their sentence.
SECTION WORDING
675(2) A person who has been convicted of second degree murder and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of ten may appeal to the court of appeal against the number of years in excess of ten of his imprisonment without eligibility for parole.
EXPLANATION
Section 675(2) of the Criminal Code of Canada is a provision that allows individuals who have been convicted of second degree murder and sentenced to life imprisonment without parole for more than ten years to appeal against the excess number of years. This provision gives offenders the opportunity to challenge their sentence and have it reviewed by a higher court. The purpose of this provision is to ensure that the sentencing of offenders who have committed second-degree murder is fair and just. Life imprisonment without parole is a severe sentence, and the provision provides an avenue for offenders to appeal if they believe their sentence is excessively harsh. For an appeal to be successful, the appellant must demonstrate that there was an error in the original sentencing. The appellant can argue that the sentencing judge did not consider all the relevant factors or that the sentence was not proportionate to the crime committed. In summary, this provision of the Criminal Code of Canada ensures that individuals convicted of second-degree murder have the right to challenge their sentence if they feel it is excessively harsh. This provision promotes transparency and fairness in the Canadian criminal justice system.
COMMENTARY
Section 675(2) of the Criminal Code of Canada is a provision that allows individuals who have been convicted of second degree murder and sentenced to life imprisonment without eligibility for parole for more than 10 years to appeal against the number of years in excess of 10. This provision recognizes that there may be cases where an individual has been wrongly sentenced or where the circumstances of the case warrant a lesser sentence. The provision reflects Canada's commitment to the principles of fairness and justice. It acknowledges that individuals who have committed serious crimes must face consequences for their actions, but also recognizes that the justice system is not infallible and that there may be instances where a sentence does not fit the crime. It provides a mechanism for individuals who have been unfairly sentenced to appeal their sentence and have it reconsidered. This provision is an important safeguard against wrongful convictions and excessive sentences. It ensures that individuals who have been convicted of second degree murder are not subject to cruel and unusual punishment and are given a fair opportunity to appeal their sentence. It also ensures that the justice system is held accountable for its decisions and that individuals are not unfairly punished for crimes they did not commit. There have been several high-profile cases in Canada where individuals have successfully appealed their sentence under this provision. For example, in the case of R. v. Magoon (2009), the appellant was convicted of second degree murder and sentenced to life imprisonment without parole eligibility for 20 years. On appeal, the Court reduced the sentence to 10 years, finding that the trial judge had erred in his application of the sentencing principles. The Court held that the sentencing judge had failed to consider the appellant's youth and other mitigating factors, leading to an excessive sentence. However, it is important to note that this provision is not a guarantee that an individual's sentence will be reduced. The decision to grant an appeal is at the discretion of the Court of Appeal and will depend on the individual circumstances of the case. An individual must be able to demonstrate that their sentence is excessive or unjustified based on the facts and evidence of the case. In conclusion, section 675(2) of the Criminal Code of Canada is an important provision that upholds the principles of fairness and justice. It ensures that individuals who have been convicted of second degree murder and sentenced to life imprisonment without parole eligibility for more than 10 years have the opportunity to appeal their sentence if it is unjustified or disproportionate. It is a vital safeguard against wrongful convictions and excessive sentences and reflects Canada's commitment to the rule of law.
STRATEGY
Section 675(2) of the Criminal Code of Canada provides an avenue for persons convicted of second degree murder and sentenced to life imprisonment without eligibility for parole for a specified number of years in excess of ten to appeal against the number of years in excess of ten. The provisions of this section of the criminal code are designed to ensure that the interests of justice are served, and that individuals are not subjected to unjust or harsh sentences. When dealing with this section of the criminal code, lawyers, judges, and other legal professionals must consider a range of strategic factors. These include the severity of the conviction and sentence, the strength of the evidence presented at trial, the grounds for appeal, and the potential impact on the offender and society as a whole. Some strategies that could be employed in this context include the following: 1. Determine the grounds for appeal: To appeal successfully against the number of years in excess of ten of imprisonment without parole, the convicted person must identify specific grounds for appeal. This may include arguments related to the sufficiency of the evidence, errors in the trial judge's instructions to the jury, or the fairness of the trial process. 2. Assess the strength of the evidence: To succeed on appeal, it is necessary to demonstrate that there were significant errors in the trial process that affected the outcome of the case. Therefore, it is essential to assess the strength of the evidence presented at trial and identify any weaknesses that may be used to challenge the conviction and sentence. 3. Consider the impact on the offender: When dealing with an appeal against a sentence, it is critical to consider the impact on the offender. This includes examining the offender's background, history, and character, as well as their potential for rehabilitation. These factors may be used to argue for a reduction in the number of years of imprisonment without parole. 4. Consider the impact on society: The impact of the appeal on society as a whole is also a key strategic consideration. Lawyers and judges must balance the need to ensure that justice is served with the need to maintain public safety and security. This may involve considering the offender's background, history, and character, as well as their potential for rehabilitation and the likelihood of reoffending. 5. Present a strong case: To succeed on appeal, it is necessary to present a strong and compelling case. This involves preparing and presenting evidence, making persuasive arguments, and engaging with legal precedents and principles that support the appeal. Overall, when dealing with Section 675(2) of the Criminal Code of Canada, lawyers, judges, and other legal professionals must carefully consider a range of strategic factors. By assessing the strength of the evidence, identifying grounds for appeal, considering the impact on the offender and society, and presenting a strong case, it may be possible to successfully challenge a sentence of imprisonment without parole.