section 718.3(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for consecutive sentencing in certain circumstances.

SECTION WORDING

718.3(4) The court or youth justice court that sentences an accused may direct that the terms of imprisonment that are imposed by the court or the youth justice court or that result from the operation of subsection 734(4) or 743.5(1) or (2) shall be served consecutively, when (a) the accused is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed; (b) the accused is found guilty or convicted of an offence punishable with both a fine and imprisonment and both are imposed; (c) the accused is found guilty or convicted of more than one offence, and (i) more than one fine is imposed, (ii) terms of imprisonment for the respective offences are imposed, or (iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence; or (d) subsection 743.5(1) or (2) applies.

EXPLANATION

Section 718.3(4) of the Criminal Code of Canada outlines the circumstances in which a court may direct that terms of imprisonment imposed on an accused be served consecutively. This means that if an accused is sentenced to multiple terms of imprisonment, they must serve each term one after the other instead of concurrently. There are several situations outlined in the section that may lead to consecutive sentencing. For example, if an accused is sentenced while under sentence for another offence and receives a term of imprisonment, whether in default of payment of a fine or otherwise, the court may direct that the new term of imprisonment be served consecutively with the existing sentence. Additionally, if an accused is found guilty or convicted of multiple offences, and multiple fines or terms of imprisonment are imposed, the court may direct that these sentences be served consecutively. This may also occur if an accused is convicted of an offence punishable with both a fine and imprisonment and both are imposed. This section is meant to provide guidance to the court in determining the appropriate sentences for an accused. It ensures that those who commit multiple offences do not receive lenient sentencing by having their terms of imprisonment served concurrently. Instead, they must serve each sentence in full, one after the other.

COMMENTARY

Section 718.3(4) of the Criminal Code of Canada allows a court or youth justice court to impose consecutive sentences in certain circumstances. This means that an accused individual who is sentenced to a term of imprisonment for one offence can be required to serve that sentence, followed by another term of imprisonment for a separate offence. There are several situations in which consecutive sentences may be imposed under section 718.3(4). Firstly, if an accused individual is sentenced while already serving a term of imprisonment for another offence, a consecutive sentence may be imposed. This is intended to ensure that individuals who continue to engage in criminal activity while serving time for other offences face tougher consequences. Secondly, if an accused individual is found guilty or convicted of an offence that is punishable by both a fine and imprisonment and both are imposed, a consecutive sentence may be imposed. This is designed to ensure that offenders who engage in serious criminal behaviour that warrants both a fine and imprisonment are held fully accountable for their actions. Thirdly, if an accused individual is found guilty or convicted of multiple offences, a consecutive sentence may be imposed if more than one fine is imposed or if terms of imprisonment are imposed for each offence. Alternatively, if a term of imprisonment is imposed for one offence and a fine is imposed for another offence, a consecutive sentence may be imposed. This allows the court to ensure that the offender faces appropriate consequences for all of the criminal activity they have engaged in. Finally, if subsection 743.5(1) or (2) applies, a consecutive sentence may be imposed. This section of the Criminal Code specifies that, in certain circumstances, a separate sentence may be imposed for each victim of an offence. This is intended to ensure that offenders who harm multiple people are held fully accountable for their actions and that each victim sees justice. Overall, section 718.3(4) of the Criminal Code is an important tool that allows courts to tailor sentences to the specific circumstances of a particular case. It ensures that offenders who engage in repeated criminal activity or who commit multiple offences are held accountable for their actions and face appropriate consequences. However, it is important for courts to use this power judiciously and ensure that the sentences they impose are proportionate and necessary to achieve the goals of deterrence, rehabilitation, and public safety.

STRATEGY

Section 718.3(4) of the Criminal Code of Canada enables the court or youth justice court to direct that terms of imprisonment imposed or resulting from the operation of specific subsections be served consecutively. The section also outlines specific scenarios which could warrant consecutive sentences. A strategic consideration when dealing with this section of the Criminal Code of Canada is to review the case to determine if any of the subsections apply. One strategy that could be employed is to negotiate a plea bargain agreement. In some cases, the prosecution may agree to drop some of the charges against the accused if they plead guilty to others. By doing so, the accused may avoid facing consecutive terms of imprisonment if they were found guilty of multiple offences. This strategy can also help reduce the length of time spent in jail. Another strategy that could be employed is to seek a sentence reduction. This strategy may be more effective when used in conjunction with a plea bargain agreement. The goal of this strategy is to convince the court that the accused deserves a lenient sentence. The accused's lawyer could argue that their client is a first-time offender and that a long prison sentence could ruin their future. This strategy can be effective in reducing the length of time the accused spends in jail. A third strategy that could be employed is to seek a sentencing hearing. This strategy is effective in cases where the accused may face a lengthy sentence. During the hearing, the accused's lawyer could present evidence that supports a lenient sentence. This evidence could include character statements from family and friends, or a letter written by the accused that shows they understand the consequences of their actions. A fourth strategy that could be employed is to appeal the sentence. This strategy is effective when there are grounds to believe that the sentence is unjust or has been imposed incorrectly. For example, the accused's lawyer could argue that the trial judge did not consider any mitigating factors in their sentencing decision. The appeal court has the power to reduce the sentence. In conclusion, Section 718.3(4) of the Criminal Code of Canada outlines specific scenarios where consecutive sentences may be imposed. Strategies such as plea bargain agreements, sentence reduction, sentencing hearings, and appeal could be employed to reduce the length of time an accused spends in jail. It is essential to consult an experienced criminal defense lawyer to review the specific case and determine the best strategy to adopt.