Criminal Code of Canada - section 732(3) - Court may vary intermittent sentence if subsequent offence

section 732(3)

INTRODUCTION AND BRIEF DESCRIPTION

If someone already has an intermittent sentence and is sentenced to imprisonment for another offense, the unexpired portion of their intermittent sentence must be served on consecutive days unless ordered otherwise by the court.

SECTION WORDING

732(3) Where a court imposes a sentence of imprisonment on a person who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence shall be served on consecutive days unless the court otherwise orders.

EXPLANATION

Section 732(3) of the Criminal Code of Canada is an important provision that outlines how the sentence of a person who is already subject to an intermittent sentence for another offence will be served. An intermittent sentence is a type of sentence that allows an offender to serve their sentence on days that are specified by the court. This means that an offender can continue with their daily life, such as work or any other responsibilities, while they serve their sentence. However, if an offender who is already on an intermittent sentence receives another sentence of imprisonment, then the unexpired portion of their previous intermittent sentence will be served on consecutive days. This is because the court views the offender as not fully complying with the terms of their initial sentence and therefore should serve the remaining portion of their sentence without interruption. It is important to note that the court has the discretion to order otherwise. This means that in some cases, the court may allow an offender to continue serving their intermittent sentence despite receiving a new sentence of imprisonment. This decision is up to the discretion of the court and may depend on the circumstances of the case. Overall, section 732(3) helps ensure that offenders who are subject to an intermittent sentence and receive another sentence of imprisonment are held accountable for their actions and serves as a reminder that breaking the law comes with consequences.

COMMENTARY

Section 732(3) is a provision in the Criminal Code of Canada that outlines the conditions under which a convicted person who is serving an intermittent sentence in respect of another offence can serve their sentence. An intermittent sentence is one that is served on a periodic basis, such as weekends or other designated periods. This type of sentence is usually reserved for offenders who have not committed serious crimes and are not considered to be a danger to society. The provision states that if a person who is subject to an intermittent sentence is sentenced to a term of imprisonment for a separate offence, their unexpired intermittent sentence shall be served consecutively, unless the court orders otherwise. This means that the intermittent sentence will be served in consecutive days, rather than intermittently, until the entire sentence is completed. The purpose of this provision is to ensure that offenders who are serving multiple sentences are not able to avoid their intermittent sentence by spending time in custody for another offence. Intermittent sentences are often seen as more lenient than continuous sentences, and it is important that the system does not allow these sentences to be undermined. It is also important to note that this provision gives the court some discretion to order that the unexpired portion of the intermittent sentence be served on a non-consecutive basis. If the court believes that the offender is not a danger to society and that serving the intermittent sentence consecutively would result in undue hardship, it may order that the sentence be served on a different schedule. Overall, section 732(3) serves an important purpose in ensuring that offenders are held accountable for their actions and that the criminal justice system is able to effectively administer sentences that have been imposed. By providing some discretion to the court, this provision is able to balance the need for punishment with the need for fairness and proportionality in sentencing.

STRATEGY

Section 732(3) of the Criminal Code of Canada is an important provision that governs the sentencing of offenders who are already serving an intermittent sentence for another offence. This section requires that the unexpired portion of the intermittent sentence be served on consecutive days unless the court orders otherwise. This provision can have significant implications for offenders, the criminal justice system, and society as a whole. There are several strategic considerations when dealing with Section 732(3) of the Criminal Code of Canada. One of the primary considerations is the impact of consecutive sentencing on the individual offender. Serving an intermittent sentence on consecutive days can be a significant hardship, particularly if the person is already serving another sentence. This can negatively impact the offender's mental and physical health, as well as their ability to maintain employment or participate in other activities of daily life. Therefore, courts must carefully consider the impact of consecutive sentencing on the individual and ensure that the sentence is proportionate to the crime committed. Another strategic consideration when dealing with Section 732(3) is the impact of consecutive sentencing on the broader criminal justice system. Imposing consecutive sentences may increase the workload of correctional facilities and increase the cost of incarcerating offenders. Furthermore, consecutive sentences may also reduce the effectiveness of rehabilitation programs, as offenders may be unable to participate in these programs if they are serving their sentence on consecutive days. Therefore, courts must balance the needs of the offender against the needs of the justice system and society as a whole when imposing a sentence. One strategy that could be employed when dealing with Section 732(3) is to consider alternatives to consecutive sentencing. For example, the court could order that the intermittent sentence be served on weekends or during specific times of the day to minimize the impact on the offender's daily life. Alternatively, the court could order that the intermittent sentence be served after the offender completes their current sentence, to avoid imposing a double penalty on the offender. Moreover, judges can also consider the nature of the offence that the offender is serving the intermittent sentence for and their criminal history. If the offence is minor and the offender's criminal history is not extensive, the court could consider a shorter period of consecutive service. Another strategy that could be employed is to consider diversion programs that would allow the offender to serve their sentence outside of the traditional correctional system. These programs can be particularly effective for low-risk offenders and may provide them with the opportunity to receive treatment or participate in community service, which can help them turn their lives around. In conclusion, Section 732(3) of the Criminal Code of Canada is an important provision that requires careful consideration when imposing sentences on offenders who are already serving an intermittent sentence. The person's circumstances, the impact of consecutive sentencing, the needs of the criminal justice system, and the broader impact on society should all be considered when deciding on an appropriate sentence. The above-mentioned strategies, among others, should be carefully employed to ensure that the offender is held accountable while receiving the necessary support to reintegrate successfully upon completion of their sentence.