INTRODUCTION AND BRIEF DESCRIPTION
A sentence begins when it is given, unless stated otherwise by law.
SECTION WORDING
719(1) A sentence commences when it is imposed, except where a relevant enactment otherwise provides.
EXPLANATION
In Canada, the imposition of a sentence is an essential component of the criminal justice system, as it represents the final stage of a criminal trial and is the process through which the punishment for the crime is determined. Section 719(1) of the Criminal Code of Canada specifies that a sentence commences when it is imposed, meaning that the punishment begins the moment that it is handed down by the court. This section of the Criminal Code has several implications. Firstly, it means that the offender is immediately subject to the conditions of their sentence as soon as it is pronounced. For example, if a person is sentenced to probation, the terms of that probation would come into effect immediately upon the judge's pronouncement of sentence. Secondly, this section clarifies that there is no delay between the pronouncement of sentence and the start of the punishment. This means that if an offender is sentenced to a jail term, they will be taken into custody immediately, without any further delay or waiting period. Finally, Section 719(1) also acknowledges that there may be some cases where the start of the punishment is governed by a relevant enactment, which could differ from the general provision that a sentence commences when it is imposed. This could include circumstances where a specific law provides for a delayed start to a sentence, or where the offender is given a chance to self-surrender at a later date instead of being immediately taken into custody. Overall, Section 719(1) of the Criminal Code of Canada is an essential provision that ensures that the punishment for a crime starts immediately upon the imposition of the sentence, providing clarity and consistency in the application of criminal justice in Canada.
COMMENTARY
Section 719(1) of the Criminal Code of Canada establishes the date when a sentence begins, which is when it is imposed by a judge or magistrate. This section is crucial in ensuring that the administration of justice functions effectively and efficiently by creating clarity around when a sentence should begin. The intent of this section is to prevent inconsistencies and confusion in the interpretation of the law and promote transparency and fairness in the criminal justice system. The importance of this section can be seen in its role in determining the length of a sentence. The length of a sentence impacts not only the offender but also the victim and society as a whole. A sentence is meant to be a proportionate response to the seriousness of the offense and take into account many factors, including the nature of the crime committed, the offender's criminal record, and possible aggravating or mitigating circumstances. By setting a clear start date for a sentence, Section 719(1) allows for consistency in the application of the law, which is essential to the credibility of the justice system. It ensures that the sentence begins when the decision is made by the judge, and there is no confusion about the timing of the sentence's commencement. The timing of a sentence's commencement affects the offender's ability to appeal the sentence or apply for parole, and it is therefore essential that it is clear and unambiguous. Furthermore, Section 719(1) provides for the possibility of a "relevant enactment" to override the general rule of the sentence's commencement. This allows for specific circumstances to be taken into account where it may be more appropriate for a sentence to begin at a later date. This reinforces the importance of individualized sentencing, recognizing that every case is unique and requires a different sentence. Overall, Section 719(1) plays a crucial role in ensuring that the administration of justice in Canada operates fairly and effectively. By setting a clear start date for a sentence, it allows for consistency in the application of the law and promotes transparency and trust in the criminal justice system. This section is essential in ensuring that sentences are proportionate, individualized, and meet the needs of both the offender and society as a whole.
STRATEGY
Section 719(1) of the Criminal Code of Canada outlines when a sentence commences. This section is important for both prosecutors and defense lawyers as it has implications for the duration of the sentence and the release date of the offender. As such, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code. One of the main strategic considerations is the timing of the sentence. As the section states, a sentence commences when it is imposed. Therefore, if a judge imposes a sentence immediately upon conviction, the sentence will commence on that day. However, if there is a delay between conviction and sentencing, the sentence will commence on the day it is imposed. This can have important implications for the duration of the sentence, particularly if the offender is likely to be released on parole at some point during the sentence. Another strategic consideration is the use of relevant enactments. Section 719(1) specifically states that a sentence will commence when it is imposed, except where a relevant enactment otherwise provides. This means that other legislation may dictate when a sentence commences. For example, the Corrections and Conditional Release Act (CCRA) sets out specific rules for the administration of prison sentences and the granting of parole. If the CCRA dictates that a sentence will commence on a specific date, the judge must follow this enactment, and the offender's release date may be determined accordingly. Strategic considerations will also differ depending on whether the defendant is a first-time offender or a repeat offender. For a first-time offender, the defense may push for a sentence that does not involve jail time, or at the very least, a sentence that allows for early release on parole. In contrast, for a repeat offender, the prosecution may argue for a longer sentence with a later release date to prevent the offender from committing further crimes. They may cite evidence of previous criminal activity and the increased risks of reoffending as justification for a stricter sentence. Overall, strategies to employ when dealing with Section 719(1) include seeking to have the sentence imposed immediately after conviction to ensure the sentence begins on that day, considering the relevant enactment to determine when the sentence should commence, and taking into account the offender's previous criminal history when determining the length of the sentence. In addition, lawyers on both sides should ensure that the judge is made aware of all relevant considerations, whether they relate to the charges, the offender's background or other factors that may affect the sentence. In conclusion, understanding Section 719(1) of the Criminal Code and its strategic considerations is essential for both prosecution and defense in criminal cases. The timing of the sentence, relevant enactments, and the offender's criminal history are all factors that must be taken into account when determining a fair and just sentence. By crafting a thoughtful and strategic approach, lawyers can ensure that all relevant factors are considered and that the sentence fits the crime.