INTRODUCTION AND BRIEF DESCRIPTION
This section applies to offenders convicted of murder after the enactment of the section and sentenced under specified Acts.
SECTION WORDING
745.51(3) Subsections (1) and (2) apply to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.
EXPLANATION
Section 745.51(3) of the Criminal Code of Canada refers to the application of subsections (1) and (2) to offenders who are convicted of murders committed on or after the date this section comes into force. Subsections (1) and (2) allow for a reduction in the parole ineligibility period, which refers to the period of time an offender must serve before being eligible for parole. This section applies to offenders who are sentenced under the Criminal Code, the National Defence Act or the Crimes Against Humanity and War Crimes Act. These are three separate pieces of legislation that outline criminal offences and penalties in Canada. The Criminal Code is the primary piece of legislation that outlines criminal offences and their penalties, while the National Defence Act applies to offences committed by military personnel. The Crimes Against Humanity and War Crimes Act applies to particularly heinous crimes committed during times of war or conflict. The purpose of this section is to allow offenders convicted of murder to be eligible for parole earlier than they would be under the standard rules of the Criminal Code. The decision to grant parole ultimately lies with the Parole Board of Canada, but this section allows for a reduction in the parole ineligibility period, which allows offenders to be considered for parole earlier than they may have been otherwise. However, it is important to note that this reduction is not automatic, and the Parole Board will consider a range of factors when making their decision, including the offender's risk level and the nature of the offence committed.
COMMENTARY
Section 745.51(3) of the Criminal Code of Canada outlines the application of subsections (1) and (2) to offenders who are convicted of murder after the date on which the section comes into force. This section is an important provision that concerns the sentencing options available to judges when dealing with individuals convicted of murder. The purpose of this provision is to ensure that offenders who are convicted of murder after the section comes into force are eligible for the same sentencing options as those convicted of murder before the section came into force. Specifically, subsections (1) and (2) deal with the option of parole eligibility for individuals who are convicted of murder. Subsection (1) states that an individual who is convicted of murder and sentenced to life imprisonment with no eligibility for parole is not entitled to apply for parole until they have served at least 25 years of their sentence. This provision provides a firm sentencing threshold for individuals who commit murder and makes clear that they must serve a significant portion of their sentence before they are eligible for parole. Subsection (2) deals with the option of applying for parole after serving a period of time less than 25 years. It states that an individual who is convicted of murder and sentenced to life imprisonment with no eligibility for parole may apply for parole after serving at least 15 years of their sentence if certain conditions are met. These conditions include showing that the offender is not a danger to society and that their continued imprisonment is not necessary for the protection of the public. The application of subsections (1) and (2) to offenders who are convicted of murder after the section comes into force ensures that all individuals who are convicted of murder are subject to the same sentencing options and that the principles of proportionality and deterrence are met in sentencing decisions. Furthermore, the application of this provision is in line with the objectives of the Criminal Code of Canada, which include promoting the fundamental values of justice and maintaining a peaceful and law-abiding society. The provision ensures that individuals who commit murder are held accountable for their actions and that appropriate measures are taken to protect society from the harm they may pose. In conclusion, Section 745.51(3) of the Criminal Code of Canada is an important provision that concerns the sentencing options available to judges when dealing with individuals who are convicted of murder. Its application ensures that all individuals who are convicted of murder are subject to the same sentencing options and that the principles of proportionality and deterrence are met in sentencing decisions. Moreover, this provision reflects the objectives of the Criminal Code of Canada, which aim to promote justice, protect society, and maintain law and order.
STRATEGY
Section 745.51(3) of the Criminal Code of Canada has significant strategic considerations when dealing with offenders who have been convicted of murders committed on or after the date when this section of the criminal code came into force. This section of the criminal code deals with the early parole application of offenders who have been sentenced under the Act, the National Defence Act, or the Crimes Against Humanity and War Crimes Act. The strategic considerations when dealing with this section of the criminal code include the following: 1. Understanding the requirements of the section: It is essential to have a thorough understanding of the section and its implications. One must understand the timelines and procedures involved in filing for early parole under this section. 2. Examination of the offender's case: An examination of the specific case of the offender is crucial in devising a strategic approach to handling the early parole application. The offender's criminal history, involvement in the crime, and other relevant factors must be considered. 3. Proper presentation: The early parole application must be presented in a thorough and convincing manner. This requires a compelling presentation that clearly outlines the reasons why early parole should be granted. Despite stringent requirements, certain strategies can be employed to secure early parole under section 745.51(3) of the Criminal Code of Canada. These strategies include: 1. Preparation: It is essential to prepare the application with great care, taking into account all the requirements and procedures. Adequate time and resources must be allocated to prepare a comprehensive and convincing application. 2. Hiring a lawyer: The offender can hire an experienced criminal lawyer to represent them in the early parole application. The lawyer can provide guidance and support in making a strong case for early parole. 3. Obtaining support: Obtaining support from other parties, such as family and community members, can strengthen the case for early parole. Such support can be presented as evidence for the offender's likelihood of rehabilitation and successful reintegration into society. 4. Mitigating factors: Any mitigating factors, such as age, mental illness, or other challenges, can work in favor of the offender. These factors' presentation can demonstrate that the offender's criminal behavior was an anomaly rather than a pattern. 5. Demonstrate remorse: Showing genuine remorse for the crime committed can demonstrate one's positive attitude towards the criminal justice system. This may convince the parole board that the offender is capable of reintegrating into society successfully. To conclude, section 745.51(3) of the Criminal Code of Canada has significant strategic considerations for handling early parole applications. Preparing and presenting a concrete case is the key to success when dealing with these provisions. Hiring an experienced criminal lawyer, obtaining support, highlighting mitigating factors, and demonstrating remorse are some of the strategies that can lead to positive outcomes.