INTRODUCTION AND BRIEF DESCRIPTION
This section specifies when a term of imprisonment begins or resumes.
SECTION WORDING
719(4) Notwithstanding subsection (1), a term of imprisonment, whether imposed by a trial court or the court appealed to, commences or shall be deemed to be resumed, as the case may be, on the day on which the convicted person is arrested and taken into custody under the sentence.
EXPLANATION
Section 719(4) of the Criminal Code of Canada is an important provision that deals with the commencement and resumption of terms of imprisonment imposed on convicted individuals. This provision specifically states that a term of imprisonment, whether imposed by a trial court or a court of appeal, will commence or be deemed to resume on the day that the convicted person is arrested and taken into custody under the sentence. In practical terms, what this means is that if a person is convicted of a criminal offence and sentenced to a term of imprisonment, their sentence will begin on the day that they are arrested and taken into custody. This is an automatic process that applies regardless of whether the person is appealing their conviction or sentence. The purpose of this provision is to ensure that convicted individuals serve their sentences in a timely and efficient manner. By commencing or resuming the terms of imprisonment on the day of arrest, the justice system is able to prevent delays and ensure that justice is being served in a timely and effective manner. Overall, Section 719(4) is an important tool in maintaining the integrity and effectiveness of the Canadian justice system. It helps to ensure that sentences are carried out as intended and that convicted individuals are held accountable for their actions in a fair and just manner.
COMMENTARY
Section 719(4) of the Criminal Code of Canada addresses the issue of when a term of imprisonment begins or resumes in situations where a convicted person is arrested and taken into custody under the sentence. This provision essentially sets out the starting point for a period of incarceration, regardless of whether the sentence was imposed by a trial court or on appeal. Under subsection (1) of the same section, the court is given the power to impose a sentence of imprisonment for a fixed period or until a specified event occurs, such as completion of a treatment program or payment of a fine. However, section 719(4) clarifies that the commencement or resumption of the term of imprisonment is not dependent on any of these conditions being met; instead, it is triggered by the simple act of the convicted person being arrested and taken into custody. This provision has several implications. First and foremost, it ensures that a convicted person is not able to delay or frustrate the execution of their sentence by failing to comply with any special conditions or requirements set out by the court. For example, if a person is ordered to attend counselling as part of their sentence, but fails to do so, this would not prevent their term of imprisonment from starting or resuming on the expected date. Similarly, if a person is released from custody on bail pending appeal, but their appeal is unsuccessful and they are subsequently arrested and taken into custody, their term of imprisonment will commence or resume on that day. Furthermore, section 719(4) ensures that there is certainty and consistency in the application of sentencing laws across the country. Regardless of the specific terms of a sentence, the start or resumption of a term of imprisonment is clearly defined by law and is not subject to interpretation or variation based on the circumstances of each individual case. This provides a sense of fairness and predictability for both the convicted person and the wider community. However, this provision does raise some concerns about the potential for individuals to be subject to double punishment. This could occur if a person is arrested and taken into custody under a sentence, but then later succeeds in having their conviction overturned or their sentence reduced or varied. In such cases, the person may have already served some or all of their term of imprisonment, which could be seen as unfair or unjust if the conviction or sentence is subsequently found to be flawed. Overall, section 719(4) of the Criminal Code of Canada is an important provision that helps to ensure that convicted persons are held accountable for their crimes and that the application of sentencing laws is consistent and fair. While it may raise some concerns about double punishment, the provision strikes a reasonable balance between ensuring justice for victims and society as a whole and protecting the rights of the accused.
STRATEGY
Section 719(4) of the Criminal Code of Canada has important implications for strategic considerations and potential strategies when dealing with a criminal case. This provision dictates that a term of imprisonment begins on the day the convicted person is taken into custody, regardless of whether the sentence was imposed by a trial court or a higher court. This means that, in order to minimize the amount of time a client is incarcerated, it is important for defense counsel to consider a number of factors. One of the first considerations that come to mind is bail. If a client is facing a prison sentence, it may be possible to seek bail pending appeal. This would allow the client to remain free while the appeal is ongoing, potentially minimizing the total amount of time spent in custody. However, obtaining bail pending appeal is not guaranteed, and will depend on a number of factors, including the client's likelihood of flight, the seriousness of the charges, and the strength of the appeal. Defense counsel may therefore need to carefully assess the likelihood of success on appeal before deciding whether to seek bail. Another important consideration is timing. In cases where a client is sentenced to a term of imprisonment, it may be possible to delay the execution of the sentence pending the outcome of an appeal. The timing of any appeal therefore becomes critical, with defense counsel needing to carefully assess the strength of their client's case and the likelihood of success before determining the best time to file an appeal. Another potential strategy is to negotiate a plea bargain that includes a reduced sentence. In cases where the evidence against a client is particularly strong, it may be more advantageous to accept a plea bargain that includes a lower sentence, rather than risking a higher sentence at trial. This is an area where defense counsel needs to carefully consider the strengths and weaknesses of their client's case, as well as the likelihood of success at trial. Finally, it may be possible to appeal the sentence itself. This can be a difficult and complex process, particularly in cases where a trial court has imposed a sentence within the range set out in the Criminal Code. However, in cases where a sentence is deemed to be manifestly excessive, defense counsel may be able to successfully argue for a reduction in the sentence. In conclusion, Section 719(4) of the Criminal Code of Canada has important implications for strategic considerations in criminal cases. Defense counsel may need to carefully assess the strengths and weaknesses of their client's case, negotiate for reduced sentences, seek bail pending appeal, and appeal sentences themselves. By carefully considering these factors, defense counsel can help minimize the amount of time their clients spend in custody, and work to achieve the best possible outcome for their clients.