SENTENCING PRINCIPLES – Section 718 Criminal Code
What is the Fundamental Principle of Sentencing? The Criminal Code states that the fundamental principle, or guiding rule, of sentencing is that “[a] sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.” This...
POSSESSION – Section 4(3) Criminal Code
WHAT IS POSSESSION? Definition According to the law a person is in possession of something when she or he has it on their person or knowingly: has another person keeping it for him/her, or has it in a place for his or another person’s benefit. The law also states that...
CONDITIONAL DISCHARGE – Section 730 Criminal Code
WHAT IS A CONDITIONAL DISCHARGE? A conditional discharge (not to be confused with a conditional sentence) is a sentence in law that allows a person to be found guilty of an offence without having a conviction registered against him or her. In Canada, a person is not...
CONDITIONAL SENTENCE ORDER – Section 742.1 Criminal Code
Conditional Sentence Order (House Arrest) A conditional sentence order (not to be confused with a conditional discharge) is, in theory, a jail sentence. However, instead of being served in an actual jail, it is served in the community. For this reason, it is commonly...
