Criminal Sentencing and the Range of Outcomes

Criminal sentencing happens after a guilty plea or a finding of guilt, usually on a date of its own so both sides can prepare. It is a separate hearing with its own evidence and its own submissions. A great deal of what happens to a person turns on this stage, and it is the part of the process most often treated as a formality by people who go into it unrepresented.

Criminal Sentencing Starts From the Purposes in Section 718

Section 718 of the Criminal Code sets out what a sentence is meant to achieve, including denunciation, deterrence, separation from society where necessary, rehabilitation, reparation, and promoting a sense of responsibility in the offender. A judge is not required to weigh them equally, and different offences pull different purposes to the front.

Proportionality Governs the Result

Section 718.1 states the fundamental principle, that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. Section 718.2 then requires the court to account for aggravating and mitigating circumstances, to keep similar sentences for similar offenders in similar circumstances, and to consider every available sanction other than imprisonment, with particular attention to the circumstances of Indigenous offenders.

What a Court Can Impose

The range runs from a discharge at one end to a penitentiary term at the other. Section 730 allows an absolute or conditional discharge where it is in your best interests and not contrary to the public interest, and a discharge means you are deemed not to have been convicted. It is unavailable where the offence carries a minimum punishment or is punishable by 14 years or life. Probation under section 732.2 cannot run longer than three years. A conditional sentence served in the community is possible under section 742.1 where the fit sentence is imprisonment of less than two years and no minimum applies.

Minimums and Ancillary Orders Narrow the Room

Some offences carry a mandatory minimum that removes the lower end entirely. A first impaired driving offence carries a minimum fine of $1,000 under section 320.19, which the impaired driving (DUI) charges page covers in more detail. Courts also make ancillary orders that outlast the sentence, including driving prohibitions, weapons prohibition orders and, on listed offences, a DNA order. Ask what orders attach before you agree to anything.

What the Defence Actually Does Here

Sentencing preparation is evidence. Employment records, counselling reports, treatment already completed, and letters from people who know you are put before the court, and the submission is built on them. Where the file has resolved on a joint position the material still matters. A sentence leaves a record, which is dealt with in records and record suspensions, and some outcomes avoid a conviction altogether, as described in resolution without a trial. To prepare for a sentencing date, contact the firm.