INTRODUCTION AND BRIEF DESCRIPTION
A sentence passed by a court of appeal on an accuseds conviction has the same effect as if passed by the trial court.
SECTION WORDING
687(2) A judgment of a court of appeal that varies the sentence of an accused who was convicted has the same force and effect as if it were a sentence passed by the trial court.
EXPLANATION
Section 687(2) of the Criminal Code of Canada refers to the powers of a court of appeal to vary the sentence of a convicted accused. When an individual is convicted of a criminal offence, they are typically sentenced by the trial court. However, the accused has the right to appeal their sentence to a higher court, known as the court of appeal. If the court of appeal decides to vary the sentence of the accused, such as by reducing the duration of imprisonment or changing the conditions of probation, section 687(2) establishes that the variation has the same force and effect as if it were imposed by the trial court. This means that the accused must follow the new sentence and can be punished if they fail to do so. The purpose of this section is to ensure that the justice system maintains consistency and fairness in sentencing across all levels of court. If a trial court imposes a sentence that is deemed too severe or too lenient, the court of appeal has the power to correct it and ensure that the sentence aligns with legal principles and societal values. Overall, Section 687(2) plays a crucial role in the criminal justice system as it allows for the appropriate punishment of convicted offenders while ensuring their rights are protected through the appeal process.
COMMENTARY
Section 687(2) of the Criminal Code of Canada is an important provision that provides clarity and consistency in the criminal justice system. This section of the code deals with the power of an appeals court to vary the sentence of an accused person who has been convicted of a criminal offense. Essentially, it states that when a court of appeal varies the sentence of a convicted person, that new sentence carries the same weight and authority as if it was handed down by the trial court. This provision is significant for a number of reasons. Firstly, it ensures that appeals courts have the power to correct any errors or injustices that may have occurred during the trial process. If a trial court imposes an excessively harsh sentence, or if there are mitigating factors that were not considered during sentencing, an appeals court can review the case and adjust the sentence accordingly. This helps to maintain fairness and consistency in the criminal justice system, as it ensures that every accused person is treated fairly and according to the law. Additionally, this provision helps to streamline the appeals process and prevent delays in the administration of justice. If every new sentence that is handed down by an appeals court had to go through the trial court again, it would add significant time and resources to the process. By giving the new sentence the same weight and authority as the trial court, the appeals process can move forward more efficiently. It is worth noting that the power to vary a sentence is not absolute, and that an appeals court must explain its reasoning for any sentence adjustment. This ensures that there is accountability and transparency in the appeals process. It also serves as a deterrent against arbitrary or capricious decisions by appeals courts. Overall, section 687(2) of the Criminal Code of Canada is an important provision that helps to ensure fairness, consistency, and efficiency in the criminal justice system. By giving appeals courts the power to vary sentences and making those new sentences carry the same weight and authority as the trial court, this provision helps to uphold the principles of justice and due process that are so crucial to our society.
STRATEGY
Section 687(2) of the Criminal Code of Canada is a critical provision that allows for a variation of a sentence by the court of appeal. This provision gives an accused person an opportunity to appeal their sentence and ask for a variation of their sentence. Depending on the circumstances, a variation of sentence may lessen the severity of the sentence or even acquit the convicted person. Several strategic considerations are necessary when dealing with Section 687(2) of the Criminal Code of Canada. One strategy is for the appellate lawyer to review the sentencing record carefully. The defense lawyer should identify any errors that may have occurred during the sentencing stage of the trial. This process helps to determine whether there is any basis for a reduction of the sentence or an acquittal, as provided under Section 687(2). Another strategy is for the appellant lawyer to gather evidence to support the appeal. Evidence may include medical records, witness statements, or any other document that might support the appeal. Furthermore, a lawyer may gather evidence to show that the original sentence was inconsistent with previous sentences for similar offenses. A third strategy is for the appellant lawyer to prepare a persuasive argument that is designed to persuade the court of appeal to grant the appeal. A good argument must be supported by evidence and legal authorities. The appellate lawyer must use existing caselaw to support their argument and ensure that they cite relevant legal authorities that support their appeal. Another strategic consideration is for the lawyer to identify any procedural errors that may have occurred during the appeal process. Procedural errors may include errors in filing the appeal or serving the appeal on the necessary parties. Such errors may lead to the dismissal of the appeal, and therefore, it is essential that the lawyer avoids such errors. Finally, one critical strategy is for the appellant lawyer to engage with the Crown prosecutor in the process of negotiating a plea bargain. Plea bargaining may offer a chance to reduce the sentence or secure a lesser sentence. This strategy may be effective if the original sentence is harsh, but the accused person is willing to plead guilty to a lesser charge. In conclusion, Section 687(2) of the Criminal Code of Canada provides a crucial opportunity for convicted persons to appeal their sentence. Several strategic considerations exist when dealing with this provision. An appellate lawyer must review the sentencing record, gather evidence, prepare a persuasive argument, identify any procedural errors, and engage with the Crown prosecutor in plea bargaining. These strategies are all critical in helping to secure a favorable outcome for the appellant.