INTRODUCTION AND BRIEF DESCRIPTION
Sentences must be proportional to the seriousness of the crime and the level of responsibility of the offender.
SECTION WORDING
718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
EXPLANATION
Section 718.1 of the Criminal Code of Canada is a fundamental provision that establishes the principle of proportionality as a requirement for sentencing decisions in criminal cases. This principle is rooted in the idea that a sentence should be tailored to fit the severity of the offence committed and the degree of culpability of the offender. In other words, a punishment must be commensurate with the crime committed and the level of responsibility of the person who committed it. The principle of proportionality has several key implications for sentencing in Canada. Firstly, it means that judges and probation officers must evaluate the facts and circumstances of each case carefully to determine the appropriate punishment. They must consider factors such as the offender's criminal history, the nature of the offence committed, the level of violence involved, and the harm caused to victims or society as a whole. These factors help to establish the gravity of the offence and the degree of responsibility of the offender. Secondly, the principle of proportionality means that a sentence must be fair and reasonable relative to other sentences for similar crimes. This means, for example, that an offender who committed a less severe crime should not receive a harsher punishment than another offender who committed a more serious offence. This helps to promote consistency and transparency in the criminal justice system and reduce disparities in sentencing outcomes. Overall, Section 718.1 of the Criminal Code of Canada underscores the importance of ensuring that sentencing decisions are guided by the principles of proportionality, fairness, and accountability. It serves as a reminder that the objective of the criminal justice system is not simply to punish wrongdoers, but to balance the rights and interests of all parties involved in the process - including the offender, the victim, and society as a whole.
COMMENTARY
Section 718.1 of the Criminal Code of Canada is a very important provision that ensures that the criminal justice system in Canada operates in a fair and just manner. Essentially, this section requires that judges impose sentences that are proportionate to the gravity of the offence and the degree of responsibility of the offender. In other words, the punishment must fit the crime, and judges must consider the unique circumstances of each case before imposing a sentence. The principle of proportionality is fundamental to the Canadian criminal justice system. It ensures that people are not punished excessively for their crimes, while also ensuring that serious offences are punished appropriately. Under this principle, judges are expected to take into account a wide range of factors when determining a sentence, including the nature of the offence, the harm caused to the victim, the offender's level of culpability, and their personal circumstances. One of the key aspects of this section is that it requires judges to consider the degree of responsibility of the offender when imposing a sentence. This means that judges must take into account the offender's level of involvement in the offence, their intentions, their level of knowledge, and their degree of control over the situation in which the offence occurred. This is important because it ensures that people who are less culpable for a crime are not punished excessively. For example, if two people are involved in a robbery and one person was the mastermind behind the plan while the other was simply following orders, it would be unfair to impose the same sentence on both individuals. The mastermind would clearly be more responsible for the crime and should receive a more severe sentence. This is exactly the type of situation that Section 718.1 is designed to address. Another important aspect of this section is that it requires judges to take into account the personal circumstances of the offender when imposing a sentence. This means that factors such as the offender's background, their mental health, their age, and their level of education must be considered when determining an appropriate sentence. This is important because it ensures that people are not punished more harshly simply because of their personal circumstances. For example, if two people are found guilty of the same crime, but one person grew up in poverty and had limited access to education while the other person had a privileged upbringing and attended the best schools, it would be unfair to impose the same sentence on both individuals. The person who grew up in poverty may have had fewer opportunities and may have been more likely to engage in criminal behaviour as a result. This is the type of situation that Section 718.1 is designed to address. Overall, Section 718.1 of the Criminal Code of Canada is a crucial provision that ensures that the criminal justice system operates in a fair and just manner. By requiring judges to impose sentences that are proportionate to the gravity of the offence and the degree of responsibility of the offender, this section ensures that people are not punished excessively and that people are held accountable for their actions in a way that takes into account the unique circumstances of each case.
STRATEGY
Section 718.1 of the Criminal Code of Canada is a crucial provision that provides guidance to courts on how to determine the appropriate sentence for a given offence. The section stipulates that the sentence imposed by a court must be proportionate to the gravity of the offence and the degree of responsibility of the offender. This article explores some strategic considerations when dealing with this section of the Criminal Code and some strategies that could be employed to effectively apply this provision. Strategic Considerations when dealing with Section 718.1 Firstly, courts must carefully analyze the facts of the case to determine the gravity of the offence committed. The gravity of an offence is usually determined by assessing the harm caused to the victim, the degree of violence involved, the level of premeditation, and the offender's criminal history. Therefore, judges should conduct a thorough inquiry, review sentencing precedents and other relevant factors to determine the gravity of the offence. Secondly, the degree of responsibility of the offender is equally important when determining the appropriate sentence. In assessing the degree of responsibility, judges consider factors such as the offender's personal circumstances, the offender's criminal history, and the offender's level of involvement in the crime. It is also essential to examine the offender's mental state during the commission of the offense to determine whether there was any mental health disorder that may have influenced the criminal behavior. Lastly, judges must consider the principles of sentencing when deciding on the appropriate sentence. The fundamental principles of sentencing in Canada include denunciation, deterrence, rehabilitation, and protection of the public. Therefore, the sentence should take into account the specific purpose or purposes of the applicable sentencing principles. Strategies that could be employed The following are some strategies that could be employed to effectively apply Section 718.1 of the Criminal Code of Canada: 1. Develop Sentencing Guidelines Sentencing guidelines could be developed to provide a framework to guide the courts on how to determine an appropriate sentence. The guidelines should factor in the seriousness of the offence and other relevant considerations such as the degree of responsibility of the offender. This approach would ensure consistency in sentencing and help reduce disparity in sentences across the country. 2. Collaborative Sentencing Collaborative sentencing is an approach that involves active involvement of the offender, the prosecutor and the court when deciding on an appropriate sentence. The approach entails a pre-sentence meeting where all parties can present their views. It allows the offender to have a say in the sentence imposed and denunciation of the court, and it promotes offender's accountability for their actions 3. Sentencing circles Sentencing circles could also be an effective strategy for applying section 718.1. A sentencing circle involves a community meeting where the offender is brought before the community and hears the harm they have caused. The approach promotes community healing, encourages offender accountability, and provides a more restorative avenue for sentencing. 4. Conditional Sentencing Conditional sentencing is another strategy that could be used to apply Section 718.1. The offender is allowed to serve their sentence in the community under specific conditions instead of being incarcerated. The imposition of specific conditions helps to take into account the degree of responsibility of the offender and their desire to take responsibility and be accountable for their actions. In Conclusion, section 718.1 of the Criminal Code of Canada is an essential provision that provides guidance for the courts on how to determine appropriate sentences for offences. Effective application of this provision requires a careful analysis of the circumstances surrounding the offense, the degree of responsibility of the offender, and the principles of sentencing. Sentencing guidelines, collaborative sentencing, sentencing circles, and conditional sentences are strategies that could be employed to ensure the principles of section 718.1 are upheld. The objective of these strategies is to promote justice, fairness, consistency in sentencing, and offender accountability.