Criminal Code of Canada - section 84(6) - Subsequence of Convictions Only

section 84(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that the only relevant factor when considering a series of convictions is the order in which they occurred, not the order in which the offenses were committed or whether any offenses occurred before or after any convictions.

SECTION WORDING

84(6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

EXPLANATION

Section 84(6) of the Criminal Code of Canada pertains to the sentencing of individuals convicted of multiple criminal offenses. When a person is convicted of multiple offenses, the court may decide whether the sentences for each offense should be served concurrently (at the same time) or consecutively (one after another). Subsection (5) of the same section states that if an individual is convicted of an offense that carries a maximum life sentence and has previously been convicted of another offense that also carries a maximum life sentence, then the court shall impose a sentence of life imprisonment without the possibility of parole until the individual has served at least 25 years of the sentence. Section 84(6) clarifies that when deciding whether the sentences for the offenses should be served concurrently or consecutively, the only factor to be considered is the sequence of convictions. In other words, the court should not take into account whether any of the offenses were committed before or after any of the convictions. This provision is meant to ensure that individuals who have committed serious criminal offenses and have been previously convicted for similar crimes are not given lenient sentences by having their sentences run concurrently. Instead, they would face a longer period of imprisonment because they would have to serve the sentences consecutively. Overall, Section 84(6) of the Criminal Code of Canada plays an important role in sentencing individuals who have committed multiple criminal offenses, ensuring that they receive appropriate and just sentences.

COMMENTARY

Section 84(6) of the Criminal Code of Canada deals with the sequence of convictions and the consequences that follow. This section of the Criminal Code of Canada is related to the provisions contained in section 84(5), which creates an offence of possessing or acquiring a firearm or other weapon for the purpose of committing an offense of violence. The purpose of subsection (6) of section 84 is to ensure that when a person is charged with possessing or acquiring a firearm or other weapon for the purpose of committing an offense of violence, the only question to be considered by the court is the sequence of convictions. The court is not supposed to consider any other factors such as the sequence of commission of offences or whether any offence occurred before or after any conviction. In other words, if a person has been convicted of an offence of violence, and after that conviction, he or she acquires or possesses a firearm or other weapon, with the intention of using it for committing another offence of violence, then such an action would be considered an offence under section 84(5) of the Criminal Code of Canada. From this perspective, section 84(6) of the Criminal Code of Canada plays a crucial role in ensuring that the courts can efficiently deal with cases involving persons in possession of firearms or other weapons with the intent of committing an offence of violence. Apart from this, section 84(6) of the Criminal Code of Canada also provides certainty for the courts in assessing the criminal liability of a person who has been convicted of an offence of violence and who subsequently acquires or possesses a firearm or a weapon. However, critics argue that section 84(6) of the Criminal Code of Canada should be amended to allow for the consideration of the sequence of commission of offences, as this would provide a more effective tool for prosecutors and law enforcement agencies to combat violent crimes. For instance, in cases where a person has committed a series of violent offences, and after the commission of these offences, he or she acquires or possesses a firearm or other weapon, then the courts should be allowed to consider the sequence of commission of offences, as this would provide a more accurate picture of the nature and extent of the criminal activities of the accused. In summary, section 84(6) of the Criminal Code of Canada plays a vital role in determining the criminal liability of a person who has been convicted of an offence of violence and who subsequently acquires or possesses a firearm or other weapon. However, the question of whether the sequence of commission of offences should also be considered by the courts remains a topic of debate, and it is up to lawmakers to determine the way forward.

STRATEGY

Section 84(6) of the Criminal Code of Canada is an important provision that deals with the evaluation of the sequence of convictions for the purpose of determining whether an individual is a dangerous offender. This provision limits the scope of considerations to the order of convictions and prohibits the consideration of the sequence of offences committed or whether an offence occurred before or after a conviction. Some strategic considerations when dealing with this section of the Criminal Code include the following: 1. Understanding the legal implications: To effectively deal with this section of the Criminal Code, it is essential to understand its legal implications. Lawyers, judges, and other legal professionals dealing with dangerous offender applications should be familiar with the provision and its limitations. 2. Highlighting arguments in favor of the accused: A defense team should aim to present a compelling argument in favor of their client. One strategy is to highlight any mitigating factors that could help reduce the severity of the sentence, such as the individual's background, mental health, or other personal circumstances. 3. Focusing on the order of convictions: Since the order of convictions is the only consideration under this section, a defense team should focus on highlighting any flaws in the prosecution's argument regarding the order of the convictions. For instance, the defense team can argue that the conviction order does not demonstrate a pattern of criminal behavior following a particular sequence or pattern. 4. Challenging the application of dangerous offender status: The defense may challenge the application of dangerous offender status based on the criterion set out in section 753(1) of the Criminal Code. The criteria require that an offender must have committed a serious personal injury offence, have a history of persistent violent behavior, and present a significant risk of future harm if released. 5. Presenting evidence in favor of the accused: In addition to highlighting mitigating factors, the defense should also present evidence that supports their client's rehabilitation and prospects for eventual release. This could include evidence of steps taken to address underlying issues such as addiction, mental health, or counseling to improve behavior. In conclusion, strategic considerations when dealing with Section 84(6) of the Criminal Code of Canada involve understanding its legal implications and focusing on the order of convictions while highlighting mitigating factors. Defense lawyers, judges, and other legal professionals involved in dangerous offender applications should consider employing the strategies highlighted above to achieve favorable outcomes for their clients.