SENTENCING PRINCIPLES – Section 718 Criminal Code

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

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 SENTENCE ORDER – Section 742.1 Criminal Code

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...
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