Pleading Guilty

May 11, 2018 | Property offences, Sentencing

Guilty Plea Clients often ask me if they should enter a guilty plea. That question should be decided by the client and only the client. An accused before the court should never feel pressure or duress to enter a guilty plea. The law gives everyone a right to a...

INTERMITTENT SENTENCE – Section 732 Criminal Code

Feb 23, 2018 | Criminal Offences, Domestic Related Offences, Drugs and Guns, Drunk Driving & Driving Offence, Latest, Property offences, Sentencing, Sex Crimes, Violent offences

What is an Intermittent Sentence? An intermittent sentence is a sentence of imprisonment that is served on specific days only, as opposed to consecutive days. For an example, a person who is sentenced intermittently could serve their sentence on weekends only. It is...

SENTENCING PRINCIPLES – Section 718 Criminal Code

Feb 23, 2018 | Criminal Offences, Domestic Related Offences, Drugs and Guns, Drunk Driving & Driving Offence, Other Reading, Property offences, Sentencing, Sex Crimes, Violent offences

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...

CONDITIONAL DISCHARGE – Section 730 Criminal Code

Jun 11, 2015 | Criminal Offences, Domestic Related Offences, Drugs and Guns, Sentencing, Sex Crimes, Violent offences

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

Jun 11, 2015 | Criminal Offences, Domestic Related Offences, Drugs and Guns, Drunk Driving & Driving Offence, Other Reading, Property offences, Sentencing, Sex Crimes, Violent offences

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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