In Canada, if you’re convicted of multiple offences, the judge can impose multiple sentences.
Here’s a simple breakdown of how it works:
Sentencing – An Individualized Process
Sentencing is based on the principle of “proportionality” which means that your punishment should match the seriousness of your crime and your level of responsibility.
Where an offender is sentenced for more than one offence, their sentences can be served concurrently (at the same time) OR consecutively (separately)
Concurrent vs. Consecutive Sentences
- Consecutive Sentences: These are the default and more common. You serve one sentence after another.
- Concurrent Sentences: These are less common. Your sentences merge, meaning you serve multiple sentences at the same time.
Factors Influencing Sentencing
- Aggravating Factors: If multiple offences happen in a single event, sentences usually run concurrently. But if the offences are severe or involve different legal interests, consecutive sentences might be given.
- Deterrence: For very serious crimes, consecutive sentences can act as a deterrent.
The Totality Principle
- Section 718.2(c) of the Criminal Code: Ensures that combined consecutive sentences aren’t too long or harsh.
- Proportionality: The total sentence should match the overall culpability of the offender.
- Hope for Rehabilitation: Sentencing should leave room for the offender to rehabilitate.
In summary, the number of offences and their nature can significantly affect your sentencing in Canada. The goal is to ensure that the punishment fits both the crime and the person who committed the crime.
If you or anyone that you know is facing a criminal conviction and is waiting to be sentenced, our experienced criminal defence lawyers are here to help! At Collett Read LLP, we understand the importance of fashioning an appropriate sentence for each and every one of our clients and commit to doing everything possible to ensure such an outcome. Call us at (905) 541-2228 or fill out a free consultation form to connect with our lawyers.