INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code of Canada only considers the sequence of convictions and not the sequence of commission of offences or timing in relation to convictions.
SECTION WORDING
244(4) For the purposes of subsection (3), 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 244(4) of the Criminal Code of Canada is a provision that outlines the considerations that must be made when dealing with a repeat offender. The subsection provides that, for the purposes of subsection (3), the only question to be considered is the sequence of convictions. In other words, when determining the appropriate sentence for a repeat offender, the court should only consider the order in which the offender was convicted of the offences in question. No consideration should be given to the sequence in which the offences were committed, or whether any of them occurred before or after any conviction. This provision is important because it prevents an offender from receiving a more lenient sentence simply because they committed some of their offences before they were convicted for others. For example, if an offender was convicted for a series of robberies committed over a period of several months, the court would not be allowed to consider the fact that some of the robberies occurred before the offender was convicted for others. Instead, the only consideration would be the order in which the offender was convicted for the offences. Overall, Section 244(4) of the Criminal Code of Canada helps to ensure that repeat offenders are held accountable for all of their criminal actions, regardless of when they occurred relative to the offender's convictions. By focusing solely on the order of convictions, the provision helps to prevent injustice and promote fairness in the Canadian criminal justice system.
COMMENTARY
Section 244(4) of the Criminal Code of Canada speaks to the consideration of the sequence of convictions in terms of sentencing. That is, when an individual has been convicted of multiple criminal offenses, the only question to be considered for sentencing purposes is the order or sequence of those convictions. This means that the court must not consider the sequence of commission of offenses or whether any offense occurred before or after any conviction. The rationale behind this provision is to ensure that the sentencing process is fair and impartial, and that individuals are not punished more severely simply because they happened to commit offenses in a certain order. This is particularly important in cases where an individual has been convicted of multiple offenses that are unrelated and may have occurred at different points in time. For example, consider a scenario in which an individual has been convicted of shoplifting, assault, and fraud. If the court were to consider the sequence of commission of these offenses, they may be inclined to view the individual as a repeat offender, and therefore sentence them more harshly. However, if the court only considers the sequence of convictions, they may conclude that the individual is not a habitual offender, and therefore impose lighter punishment. Ultimately, the purpose of the justice system is to ensure that individuals are held accountable for their actions, but also to ensure that they are treated fairly and justly. Section 244(4) of the Criminal Code of Canada helps to ensure that this balance is maintained, and that sentencing decisions are not influenced by irrelevant or extraneous factors. However, this provision is not without its critics. Some argue that it places an undue emphasis on technicalities, and that the sequence of convictions does not provide a complete picture of an individual's criminal history. For example, an individual who has been convicted of multiple offenses over a period of years may be viewed differently than someone who has committed the same number of offenses in a shorter time frame. Additionally, some have raised concerns about the potential for abuse of this provision, particularly in cases where an individual has been wrongfully convicted or where the convictions themselves are subject to appeal. If the sequence of convictions is the only factor considered, the court may overlook important issues related to the validity of the convictions themselves. Despite these criticisms, however, Section 244(4) of the Criminal Code of Canada remains an important component of the justice system, helping to ensure that sentencing decisions are fair, impartial, and based only on relevant factors. As with any provision of law, it is important to continue to examine and evaluate its effectiveness, with an eye toward ensuring that justice is served in the most effective and just manner possible.
STRATEGY
Section 244(4) of the Criminal Code of Canada targets individuals who commit repeated acts of partner violence. It mandates that upon conviction of a subsequent offense under the section, sentencing for the repeat offender must be a minimum of two years for a second conviction, and 90 days for a third. As a result, strategic considerations are critical when dealing with this section of the Criminal Code. One of the most crucial strategies to employ when dealing with this section of the Criminal Code is to take immediate action. Criminal lawyers in Canada must act quickly when they believe that their client may be facing an additional charge of partner violence. This is due to the fact that only the sequence of convictions, and not the order in which the offenses were committed, is considered under section 244(4). As a result, their client may face an increased risk of harsher sentencing if convicted of another offense under this section. In addition to taking swift action, lawyers may want to consider negotiating plea deals with the prosecution. This can include a plea to a lesser charge or a plea for a suspended sentence. By doing so, lawyers can ensure that their clients avoid the harsh minimum sentences mandated by section 244(4). Another important consideration involves understanding the specific circumstances of a given case. Criminal lawyers must thoroughly investigate the allegations made against their clients to conclude whether actions under section 244(4) are appropriate. Factors that may impact a lawyer's evaluation of a case may include the victim's credibility, the relationship between the accused and the complainant, and any evidence of self-defense. Lawyers dealing with section 244(4) charges must also be prepared to conduct a detailed risk assessment. This is due to the fact that the penalties for repeat offenses under this section can have long-lasting consequences well beyond time served. In addition to the harsh minimum terms of imprisonment, offenders may also face orders limiting where they can live, work or travel, and orders that restrict their access to firearms or their ability to contact their victim. Finally, lawyers must ensure that they remain informed of any legislative changes to section 244(4). Changes in the law can directly impact how they advise their clients. For example, the 2019 amendments to the Code introduced harsher penalties for repeat offenders under section 244(4). In conclusion, criminal lawyers must employ several strategic considerations when dealing with section 244(4) of the Criminal Code of Canada. The importance of swift action, detailed investigation, risk assessment, plea negotiation, and staying current with legislative changes cannot be understated. By adopting these strategies, lawyers can achieve the best possible outcomes for their clients.