INTRODUCTION AND BRIEF DESCRIPTION
This section states that a court must determine the appropriate sentence for an offender as soon as possible after a guilty verdict.
SECTION WORDING
720(1) A court shall, as soon as practicable after an offender has been found guilty, conduct proceedings to determine the appropriate sentence to be imposed.
EXPLANATION
Section 720(1) of the Criminal Code of Canada refers to the legal requirement for a court to conduct a sentencing hearing soon after an offender has been found guilty of a crime. The section emphasizes the importance of a timely sentencing process that is in line with the principles of justice, fairness, and rehabilitation. In Canadian criminal law, sentencing is the process by which a judge determines the appropriate punishment for a person convicted of a criminal offense. The sentence imposed will depend on a variety of factors, including the severity of the crime, the offender's criminal record, and the impact of the crime on the victim and society as a whole. Section 720(1) of the Criminal Code sets out the procedure that must be followed by a court in determining the appropriate sentence for an offender. The section requires the court to conduct proceedings as soon as practicable after a guilty verdict has been reached. This means that sentencing cannot be postponed or delayed unnecessarily, and must be dealt with promptly following the conviction. The purpose of this requirement is to ensure that justice is served in a timely and efficient manner, and that the offender is held accountable for their actions as soon as possible. This is important for both the victim and the offender, as it enables them to move on from the criminal justice system and begin the process of recovery and rehabilitation. In summary, section 720(1) of the Criminal Code of Canada emphasizes the importance of a timely and fair sentencing process in the criminal justice system. It underscores the need for a just and efficient process that prioritizes the well-being of both the victim and the offender.
COMMENTARY
Section 720(1) of the Criminal Code of Canada emphasizes the importance of conducting proceedings to determine the appropriate sentence to be imposed on an offender as soon as practicable after they have been found guilty. This provision is a crucial aspect of the Canadian criminal justice system that ensures that justice is served and fairness prevails. The section highlights the integral role of the court system in determining the appropriate sentence of an offender. Upon finding an offender guilty of a criminal offense, the court must promptly conduct proceedings to determine the sentence. This requirement is essential to promote the swift administration of justice and ensures that the offender pays for their wrongdoing promptly. Additionally, determining the appropriate sentence ensures that justice is served, and the offender receives the appropriate punishment. The court must consider various factors before determining the appropriate sentence, such as the severity of the crime, the offender's criminal history, and any mitigating factors. The objective of the process is to ensure that the punishment is proportionate to the severity of the crime, and the offender is adequately punished for their wrongdoing. Moreover, Section 720(1) upholds the principle of fairness and equity in the criminal justice system. The prompt determination of the sentence ensures that the offender's rights are protected, and they are not subject to indefinite detention or punishment. This provision recognizes that justice delayed is justice denied and reinforces the importance of swift administration of justice. Section 720(1) also highlights the importance of the timely resolution of criminal cases. By prioritizing the determination of the sentence, it ensures that the offender is held accountable for their actions, and the victim(s) receives closure on the matter. This enhances the confidence of the public in the criminal justice system, knowing that it is efficient, effective, and upholds the principles of fairness and equity. In conclusion, Section 720(1) of the Criminal Code of Canada plays a vital role in ensuring a fair and effective criminal justice system. It emphasizes the importance of the timely determination of the sentence and ensuring that the punishment is proportionate to the severity of the crime. The provision underscores the principles of fairness, equity, and the importance of swift administration of justice. Ultimately, it is essential to uphold public trust in the criminal justice system and promote a safe and just society.
STRATEGY
Section 720(1) of the Criminal Code of Canada is a crucial provision that requires a court to determine the appropriate sentence to be imposed on an offender as soon as practicable after they are found guilty. This provision underscores the importance of timely and fair sentencing, which is critical to the justice system's effectiveness and legitimacy. Strategic considerations when dealing with this provision may include a range of factors that influence the outcome of sentencing proceedings. The first consideration is the nature and circumstances of the crime. The court will consider the gravity and impact of the offense, the level of culpability of the offender, and any mitigating or aggravating factors that may influence the sentence. The offender's criminal history, socio-economic background, and personal circumstances can also influence the sentence. The second strategic consideration is the objectives of sentencing. The Criminal Code of Canada identifies four primary goals of sentencing: denunciation, deterrence, rehabilitation, and protection of society. A successful sentencing strategy considers the interplay of these objectives, balancing the need to punish the offender with the need to address the underlying causes of criminal behavior and prevent future offenses. The third strategic consideration is the available sentencing options. The Criminal Code provides for a range of possible sentences, including fines, restitution, probation, community service, and imprisonment. The court will consider the appropriateness of each sentencing option, considering the nature of the offense, the objectives of sentencing, and the offender's personal circumstances. The primary strategy that can be employed in dealing with this provision is to develop a comprehensive sentencing strategy that considers all of these factors. A comprehensive strategy should be tailored to the specific case, taking into account the nature of the offense, the offender's circumstances, and the objectives of sentencing. Key strategies that can be employed to achieve this goal include: - Developing a compelling narrative: A successful sentencing strategy should tell a story that humanizes the offender, while acknowledging the seriousness of the offense. Crafting a compelling narrative can help the judge develop a deeper understanding of the offender's circumstances and identify factors that may mitigate the sentence. - Conducting a thorough investigation: A comprehensive investigation can uncover mitigating factors that can reduce the sentence. This may involve interviewing witnesses, collecting medical and psychological reports, and reviewing the offender's criminal history and personal circumstances. - Seeking a joint submission: In some cases, the Crown and Defense may agree to a joint submission on the sentence. This can be an effective strategy to achieve a fair and balanced sentence that reflects the objectives of sentencing. - Advocating for alternative sentencing options: Depending on the circumstances of the case, alternative sentencing options may be appropriate. For example, if the offender has a substance abuse problem, a drug treatment court may be a more effective solution than imprisonment. In conclusion, Section 720(1) of the Criminal Code of Canada requires a court to determine the appropriate sentence to be imposed on an offender as soon as practicable after they are found guilty. To achieve a fair and balanced sentence that reflects the objectives of sentencing, a comprehensive sentencing strategy should be developed that considers the nature of the crime, the objectives of sentencing, and the available sentencing options. Key strategies that can be employed include developing a compelling narrative, conducting a thorough investigation, seeking a joint submission, and advocating for alternative sentencing options.