Criminal Code of Canada - section 346(1.3) - Sebsequence of convictions only

section 346(1.3)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that only the sequence of convictions is relevant, regardless of the order in which the offenses were committed or the timing of the offense in relation to any conviction.

SECTION WORDING

346(1.3) For the purposes of subsection (1.2), 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 346(1.3) of the Criminal Code of Canada is an important provision that concerns the sentencing of offenders who have been convicted of multiple crimes. The provision stipulates that, when considering the sentencing for multiple convictions, the only factor to be considered is the sequence of convictions. This means that the court cannot take into account the sequence of commission of offences or whether any offence occurred before or after any conviction. The purpose of this provision is to prevent the so-called "double jeopardy" situation where an offender is punished twice for the same offence. Consider, for example, a case where an offender commits two crimes, A and B, and is convicted of crime A first and then crime B. According to the provision, the court can only consider the sequence of convictions, which means that the offender will be sentenced for crime A first, then for crime B. This ensures that the offender is not punished twice for the same crime, which would violate the principle of double jeopardy. The provision is particularly relevant in cases where an offender has a history of criminal behaviour, as it ensures that the court focuses on the current convictions rather than the past crimes. It is also important in cases where an offender is accused of multiple crimes that are related, as it ensures that the court considers each crime separately. Overall, Section 346(1.3) of the Criminal Code of Canada serves an essential purpose in preventing double jeopardy and ensuring consistency in sentencing for multiple convictions. It is a crucial provision that protects the rights of offenders and promotes fairness in the criminal justice system.

COMMENTARY

Section 346(1.3) of the Criminal Code of Canada has significant implications for criminal sentencing within the Canadian legal system. This section states that the sequence of convictions is the only factor to be considered when determining a sentence for an individual, and that no consideration shall be given to the sequence of commission of offenses or whether any offense occurred before or after any conviction. This provision is important because it ensures that individuals are not punished for crimes they have yet to be convicted of. It ensures that the legal system is not using prior suspicions as a justification for more severe sentences for current convictions. This is important for the integrity and fairness of the Canadian legal system. This provision ensures that the legal system focuses on the specific crime for which the individual is being convicted, without biasing the sentencing procedure with other criminal behavior or allegations. The outcome of a particular conviction should always be determined based on the specific facts of the case at hand without extraneous considerations. Additionally, this section of the Criminal Code also ensures that individuals are not unfairly targeted by the legal system. It ensures that no one receives a more severe punishment due to extraneous or unrelated reasons, such as race, age, or socio-economic background. By focusing solely on the sequence of convictions, the legal system becomes more transparent and fair, and unequal treatment and sentencing will be avoided. However, there are potential limitations to the usefulness of Section 346(1.3) of the Criminal Code of Canada. One such limitation is that it forces the legal system to neglect the gravity of the overall conduct of a person. If a person has accumulated numerous convictions, even if these were not considered in sentencing, it still reflects a pattern of reckless behavior that should be taken into account. Consequently, this limitation may impact public safety and the protection of vulnerable people in a given environment. In addition, earlier crimes may be indicative of repetitive conduct and imminent danger to society. Therefore, the exclusion of the conduct is indeed concerning since it may not present an accurate picture of the offender's acts and various characteristics. It could even create further crime as the act of eradicating the prior convictions from the sentencing calculus may give the impression that offenders can commit other crimes without being held accountable. The Criminal Code of Canada is designed to protect citizens and ensure fairness in the legal system. Section 346(1.3) is a crucial element of this. It confirms that any person who is convicted will be punished based on their current crime alone while protecting them from unfair punishment based on their history. However, it is necessary for justice practitioners to evaluate this limitation carefully, and to consider other ways to ensure public safety when calculating sentencing for those who have a history of offenses. Overall, Section 346(1.3) is an important provision, and its implementation remains contingent upon the honesty and knowledge of legal practitioners.

STRATEGY

Section 346(1.3) of the Criminal Code of Canada plays a crucial role in determining the appropriate sentence to be imposed on an individual found guilty of multiple criminal charges. This section limits the consideration of the sequence of convictions only, ignoring the sequence of commission of offenses and whether an offense was committed before or after any conviction. This requirement is aimed at ensuring that the sentence imposed is commensurate with the offenses committed and avoids punishing individuals disproportionately. When dealing with this section, some strategic considerations are necessary to ensure that the correct sentence is imposed and that an individual's rights are respected. One of the critical strategic considerations when dealing with section 346(1.3) of the Criminal Code of Canada is the sequence of convictions. Since this is the only factor considered when imposing sentence, it is essential to evaluate the order in which the convictions occurred. If an individual has multiple convictions, the court will analyze the sequence and decide whether the sentence will be served consecutively or concurrently. This decision is critical as it impacts the length of imprisonment served. Another strategic consideration is the use of legal representation. The presence of an experienced legal team can help an individual navigate the complex legal system and present their case effectively. Legal representation can assist in identifying critical arguments to support the defendant and present them in a favorable light before the court. Depending on the nature of the charges, a skilled legal team can also negotiate a plea bargains or other arrangements that can reduce the severity of the sentence imposed. A third strategic consideration that individuals and their legal representatives should consider is the presentation of mitigating factors that could impact the sentence imposed. These could include the circumstances surrounding the offense, the individual's background, and any efforts made towards rehabilitation. Mitigating factors could help reduce the length of the sentence or even result in an alternative form of punishment like community service. However, to be effective, these factors must be presented in a way that resonates with the court and demonstrates why a lenient sentence may be justified. A fourth strategic consideration when dealing with section 346(1.3) of the Criminal Code of Canada is the possibility of appealing the sentence imposed. In cases where the sentencing is deemed unwarranted or too severe, an individual has the right to appeal the sentence and have the matter reviewed by a higher court. However, this process can be lengthy and costly. Therefore, individuals must consider the likelihood of succeeding on appeal and the potential implications that could arise. In conclusion, section 346(1.3) of the Criminal Code of Canada plays a significant role in determining the appropriate sentence to be imposed on an individual found guilty of multiple offenses. Strategic considerations are critical when dealing with this section, and individuals must consider a range of factors when determining the most effective approach. These include the sequence of convictions, legal representation, presentation of mitigating factors, and the possibility of appealing the sentence imposed. A careful and strategic approach can often make the difference between a harsh sentence and one that is more equitable for all parties involved.