section 753(5)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines what happens if a court does not find an offender to be a dangerous offender.

SECTION WORDING

753(5) If the court does not find an offender to be a dangerous offender, (a) the court may treat the application as an application to find the offender to be a long-term offender, section 753.1 applies to the application and the court may either find that the offender is a long-term offender or hold another hearing for that purpose; or (b) the court may impose sentence for the offence for which the offender has been convicted.

EXPLANATION

Section 753(5) of the Criminal Code of Canada deals with the legal concept of dangerous offenders. A dangerous offender is an individual who, because of their criminal history and personality, is likely to cause serious bodily harm to others in the future if they are released into the community. If a judge determines that an offender is a dangerous offender, they can be sentenced to an indefinite period of incarceration. However, if the court does not find an offender to be a dangerous offender, there are two potential avenues for the judge to pursue. Firstly, the judge may consider the application to be an application for the offender to be designated as a long-term offender. A long-term offender is an individual who has a significant risk of reoffending, but who can be managed in the community with certain conditions and supervision. Section 753.1 of the Criminal Code outlines the procedures for the designation of a long-term offender. Alternatively, the court may choose to impose sentence for the offence for which the offender has been convicted. In this instance, the judge will determine an appropriate sentence based on the severity of the crime and any aggravating or mitigating factors. This means that even if an offender is not deemed a dangerous or long-term offender, they can still be punished for their actions according to the law. Overall, Section 753(5) provides the judge with flexibility in determining the appropriate course of action for offenders who are not considered dangerous offenders. By permitting the option of a long-term offender designation or imposing sentence, the court can balance public safety with the rights of the offender.

COMMENTARY

Section 753(5) of the Criminal Code of Canada provides guidance to the court in cases where an offender is not found to be a dangerous offender. The section allows for the court to consider two different options: treating the application as an application to find the offender to be a long-term offender or imposing sentence for the offence for which the offender has been convicted. When a person is found guilty of a serious violent offence, there are often serious concerns about whether they pose a danger to society. In some cases, the Crown may apply to have the offender deemed a dangerous offender, which is a designation given to individuals who are considered too dangerous to be released back into the community without significant supervision. However, not all offenders who are convicted of serious offences are found to be dangerous offenders. In those cases, section 753(5) gives the court some options for how to proceed. The first option is to treat the application as an application to find the offender to be a long-term offender. A long-term offender is an individual who has been convicted of a serious personal injury offence, and who is considered likely to re-offend without supervision and monitoring in the community. In order to be designated a long-term offender, the Crown must prove that the offender meets this standard, and the court must be satisfied that the offender can be managed and supervised in the community using the resources available. If the court decides to proceed with an application for long-term offender status, section 753.1 of the Criminal Code applies. This section sets out the procedural requirements for a long-term offender application, including the need for a pre-sentence report, a psychiatric assessment, and a hearing to determine whether the offender meets the criteria for long-term offender status. The court may find that the offender is a long-term offender, or it may hold another hearing for that purpose if it feels that further evidence or information is required. If the offender is designated as a long-term offender, they will be subject to a longer period of supervision and monitoring in the community than would be the case for a regular offender. The second option available to the court under section 753(5) is to impose sentence for the offence for which the offender has been convicted. If the court decides to take this option, then the offender will be sentenced to a term of imprisonment or other sentence, as appropriate for the offence in question. Overall, section 753(5) provides the court with some flexibility in cases where an offender is not found to be a dangerous offender. By allowing for the possibility of long-term offender status, the section recognizes that some offenders require significant supervision and monitoring in the community in order to reduce the risk of re-offending. At the same time, the section also allows for a straightforward imposition of sentence in cases where the offender does not meet the criteria for dangerous or long-term offender status.

STRATEGY

Section 753(5) of the Criminal Code of Canada outlines the potential outcomes when a court does not find an offender to be a dangerous offender. This provision allows the court to either treat the application as a long-term offender application, impose sentence for the offence, or hold another hearing for the purpose of assessing whether the offender is a long-term offender. When dealing with this section of the Criminal Code, strategic considerations are critical to ensuring the best outcome for the offender. One strategic consideration is the selection of a competent and experienced lawyer to represent the offender. A skilled lawyer can assess the evidence presented and argue in favor of the application being treated as a long-term offender application. The lawyer can also negotiate with the Crown prosecutor for a reduced sentence, conditional discharge or other alternative measures that could be less severe than a long-term offender sentence. Another strategic consideration is the offender's behavior while in custody. A court may be more likely to impose a long-term offender sentence if the offender is not demonstrating any signs of rehabilitation. However, if the offender can demonstrate significant change while in custody, such as completing a rehabilitation program or showing remorse for their actions, the court may be more open to alternative options. Furthermore, the defense team could also consider presenting expert testimony to the court about the offender's mental and emotional state. Such evidence could show that the offender requires more support and therapy than a long-term offender sentence can provide, or that their actions were the result of emotional or mental issues rather than a pattern of violent criminal behavior. The offender's support system can also play a significant role in the decision-making of the court. The defense team could present evidence of the offender's strong support system, including family members, friends, and community leaders. This evidence could demonstrate that the offender has a strong personal network and would be more likely to remain committed to rehabilitation if released. When interacting with Section 753(5) of the Criminal Code of Canada, it is also essential to understand the court's approach to sentences. The underlying goal of the court is the protection of the public, and an offender may receive a long-term offender sentence based on their perceived likelihood to reoffend. As such, the defense team must present the offender's situation in a way that reduces their risk of reoffending and highlights their potential for rehabilitation. In conclusion, numerous strategic considerations come into play when interacting with Section 753(5) of the Criminal Code of Canada. The selection of a skilled lawyer, presenting evidence of the offender's changed behavior and mental and emotional state, highlighting the offender's support system, and understanding the court's approach to sentencing all remain vital. By implementing such strategic considerations, it is possible to secure an advantageous outcome for the offender.