Criminal Code of Canada - section 272(2) - Punishment

section 272(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the penalties for committing an offence involving the use of a firearm or involving a victim under the age of 16.

SECTION WORDING

272(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, and (ii) in the case of a second or subsequent offence, seven years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and (a.2) if the complainant is under the age of 16 years, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of five years; and (b) in any other case, to imprisonment for a term not exceeding fourteen years.

EXPLANATION

Section 272(2) of the Criminal Code of Canada deals with the offence of sexual assault. Any individual who commits sexual assault is guilty of an indictable offence and is liable to a term of imprisonment not more than fourteen years. There are different minimum punishments, depending on the nature of the offence. If a restricted or prohibited firearm is used during the offence, or if any firearm is used, and the offence is committed for the benefit of, at the direction of, or in association with a criminal organization, the individual is to be imprisoned for no more than fourteen years. Additionally, they are subject to a minimum punishment of either five years for the first offence or seven years for a second or subsequent offence. If a firearm is used during the offence, and it does not meet the criteria for the previous condition, the individual is to be imprisoned for no more than fourteen years and must serve a minimum sentence of four years. If the complainant is under 16, the individual is to be imprisoned for no more than fourteen years and must serve a minimum sentence of five years. Finally, if none of the above criteria are met, the individual is still subject to imprisonment for no more than fourteen years. By setting out strict penalties for sexual assault, especially those that involve weapons and/or vulnerable victims, the Criminal Code of Canada aims to deter individuals from committing such crimes and protect the safety of its citizens.

COMMENTARY

Section 272(2) of the Criminal Code of Canada specifies the penalties for the offense of sexual assault. Sexual assault is a heinous crime and unfortunately, a widespread one. It is, therefore, imperative that appropriate laws and penalties are put in place to ensure that victims are adequately protected and perpetrators are held accountable for their actions. The severity of the penalty for sexual assault varies depending on the nature and gravity of the offense committed. In cases where a restricted or prohibited firearm is used, or any firearm is used for the benefit of or in association with a criminal organization, the penalty is imprisonment for a term not exceeding 14 years. Furthermore, a minimum punishment of imprisonment for a term of five years applies in cases of a first offense and seven years in cases of a second or subsequent offense. This implies that a person who commits such an offense can face a maximum sentence of 21 years (14 years plus seven years for a subsequent offense) in prison. In any other case where a firearm is used in the commission of the offense, the penalty is imprisonment for a term not exceeding 14 years, and a minimum punishment of imprisonment for a term of four years applies. Such cases are still severe and would typically result in lengthy imprisonment sentences for offenders who are found guilty of sexual assault and using a firearm during the commission of their crime. The use of firearms in sexual assault cases is an aggravating factor that calls for increased punishment. It goes without saying that forcing someone into a sexual act is already an egregious violation of one's rights and dignity. In addition, the use of a weapon exacerbates the impact of the act and traumatizes the victim exponentially. Interestingly, section 272(2) of the Criminal Code of Canada makes a distinction by specifying a minimum punishment of imprisonment for a term of five years and four years, depending on the complainant's age. If the complainant is under 16 years of age, the minimum sentence is five years. This highlights the seriousness of the offense when the victim is a minor and also serves as a deterrent to would-be offenders. Overall, section 272(2) of the Criminal Code of Canada provides a robust framework for the punishment of sexual assault cases. Its clear differentiation between cases involving the use of firearms, or minors, and those without such aggravating factors provides a nuanced approach to the sentencing of sexual assault cases. It is our hope that the penalty provision in the Criminal Code of Canada serve as an enduring deterrent against the commission of sexual assault and provides reparative justice for victims.

STRATEGY

Section 272(2) of the Criminal Code of Canada outlines the penalties for various sexual offences. The section is designed to protect victims of sexual assault and to hold perpetrators accountable for their actions. However, dealing with this section requires strategic considerations to ensure that justice is served and the rights of all parties involved are protected. One strategy when dealing with this section is to prioritize the safety and well-being of the victim. Sexual assault cases can be traumatic and emotionally exhausting for the victim. As such, it is important to ensure that they are provided with adequate support and resources. To achieve this, lawyers, judges, and other legal professionals may work closely with social workers, therapists, and victim advocates. Together, they can provide the victim with a comprehensive support system that addresses their physical, emotional, and psychological needs. This can help the victim to recover from the trauma of the assault and provide them with the strength they need to move forward. Another important consideration when dealing with this section is to ensure that the evidence presented is solid and reliable. Sexual assault cases often involve complex and sensitive evidence, such as DNA samples, medical reports, and witness testimonies. It is essential to handle this evidence with care and to ensure that it is presented in a manner that is both clear and persuasive. Additionally, it is important to ensure that all evidence presented is admissible and relevant to the case. This will help to ensure that the perpetrator is held accountable and that justice is served. Strategically, lawyers and other legal professionals must also consider the potential consequences of the section when negotiating plea deals or preparing for court appearances. For instance, if a restricted firearm or prohibited firearm is used in the sexual assault, the perpetrator could face a minimum sentence of five years in prison for a first offence and seven years for subsequent offences. It may be in the perpetrator's best interest to plead guilty to a lesser offence in cases where the evidence against them is strong. This strategy could lead to a less severe sentence and provide the perpetrator with an opportunity to rebuild their life after serving their time. Finally, legal professionals must ensure that the rights of all parties involved are protected in accordance with the law. This includes the rights of the victim, the accused, and any witnesses involved in the case. Legal professionals must ensure that the procedures outlined in the Criminal Code are followed, and that justice is served in a fair and impartial manner. In conclusion, section 272(2) of the Criminal Code of Canada is a critical component of the legal framework designed to protect victims of sexual assault and hold perpetrators accountable for their actions. To deal with this section strategically, legal professionals must prioritize the safety and well-being of the victim, ensure that the evidence presented is solid and reliable, and consider the potential consequences when negotiating plea deals or preparing for court appearances. Additionally, it is essential to protect the rights of all parties involved in the case to ensure that justice is served in a fair and impartial manner.