Criminal Code of Canada - section 239(3) - Sequence of convictions only

section 239(3)

INTRODUCTION AND BRIEF DESCRIPTION

The sequence of convictions is the only factor considered, regardless of when the offense occurred.

SECTION WORDING

239(3) For the purposes of subsection (2), 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 239(3) of the Criminal Code of Canada is a provision that relates to the sentencing of offenders who have been found guilty of multiple offenses. This section specifies that when determining the sentence for an offender who has received multiple convictions, only the sequence of the convictions should be taken into account, and not the sequence in which the offenses were committed or whether any offense occurred before or after any conviction. The purpose of this provision is to ensure that offenders are sentenced fairly and consistently, regardless of the order in which they committed their crimes. For example, an offender who committed a number of offenses over a period of time may be convicted and sentenced for each offense separately. In such cases, the court must consider the sequence of convictions when determining the overall sentence for the offender. However, the court cannot take into account the sequence in which the offenses were committed or whether any offense occurred before or after any conviction. This is because taking into account these factors would create an unfair and arbitrary system of sentencing where offenders who committed the same offenses but in a different order could receive vastly different sentences. In conclusion, Section 239(3) of the Criminal Code of Canada is an important provision that ensures fairness and consistency in the sentencing of offenders who have received multiple convictions. By specifying that only the sequence of convictions should be taken into account, the provision helps to create a more predictable and equitable system of justice.

COMMENTARY

Section 239(3) of the Criminal Code of Canada is a provision that restricts the consideration given to the sequence of convictions when determining the appropriate sentence for an offender with multiple convictions. This section is founded on the principle that the criminal justice system treats individuals based on their convictions and not on the offenses they may have committed. The provision clarifies that during sentencing, the court should only consider the sequence of convictions and not the sequence of commission of offenses. This approach ensures that the court does not punish an offender more severely for committing offenses with a conviction record but with greater severity of the offenses they have committed. The Criminal Code of Canada recognizes that an offender with a prior criminal record presents a higher risk of reoffending. Therefore, when sentencing an offender with multiple convictions, the court considers their criminal history and the seriousness of their offenses. However, section 239(3) ensures that the court does not punish an offender more severely than they deserve, based on the sequence of offenses they have committed. This provision also ensures that an offender's past convictions do not unduly influence their sentence. The court must strive to provide a sentence that is proportionate to the crimes committed and takes into account the offender's circumstances, such as their age, character, and criminal history. The court must not overlook these factors when sentencing an offender, especially when they face multiple offenses. Moreover, section 239(3) also ensures that the court does not consider any offenses committed after a conviction while determining the appropriate sentence. Under this provision, the court may not increase the severity of an offender's sentence based on the crimes they commit after a conviction. This is because the court must not penalize an offender for offenses committed after a conviction in cases where the commission of such crimes is not related to the prior conviction. In conclusion, section 239(3) of the Criminal Code of Canada is a vital provision that ensures that the court considers only the sequence of convictions and not the sequence of offenses committed while determining the sentence for an offender with multiple convictions. The provision protects offenders from unduly harsh sentences based on offenses committed but not convicted and ensures that the court considers all the relevant factors when providing a verdict. Ultimately, section 239(3) promotes fairness and enhances the integrity of the criminal justice system.

STRATEGY

Section 239(3) of the Criminal Code of Canada is an important provision in criminal law that outlines the factors to be considered in determining whether an accused person is a dangerous offender. This provision stipulates that the only consideration in assessing the dangerousness of an offender is the sequence of their prior convictions, and no attention should be given to the timing or order of commission of offences. The implications of this section are significant for both the prosecution and the defence in criminal cases. Prosecutors may seek to rely on this provision to impose stricter sentences on an accused person who has a pattern of prior convictions or who has shown a propensity for violent behaviour. This may also apply to situations where an offender has committed offences in different jurisdictions or countries, and the order of commission is not clear. In such circumstances, a conviction for any offence is sufficient to make an accused person eligible for dangerous offender designation. On the other hand, defence lawyers may seek to challenge the application of this provision and argue that the order of offences is relevant to determining whether an accused person is a dangerous offender. They may also argue that the provision infringes on their client's Charter rights and freedoms, such as the right to a fair trial and the presumption of innocence. One potential strategy for defence counsel in dealing with this provision is to challenge the validity of a prior conviction. They could argue that the conviction was obtained unfairly or that it was not a valid criminal conviction. This could be an effective way of preventing the escalation of sentence for an accused person with a prior conviction, as the prior conviction could be ruled invalid and not considered in the dangerous offender assessment. Another strategy is to challenge the constitutionality of section 239(3) of the Criminal Code on the grounds that it violates the Charter rights of an accused person. A successful challenge could result in this provision being struck down or amended, thereby changing the way in which dangerous offender assessments are conducted. It is also possible for defence counsel to challenge the dangerous offender designation itself. They can argue that the offender does not meet the criteria for a dangerous offender, or that alternative sentencing options can better address their client's needs and reduce the likelihood of future criminal behaviour. In conclusion, section 239(3) of the Criminal Code of Canada sets out a clear test for determining whether an accused person is a dangerous offender, but it is not without its challenges. Prosecutors and defence counsel must be aware of the strategic considerations when dealing with this provision and develop effective strategies to represent their clients' interests in court. Ultimately, the key to success in these cases lies in careful review of the evidence and a thorough understanding of the law in order to make the strongest case possible.