139. (1) Additional sentences -Where a person who is subject to a sentence that has not expired receives an additional sentence, the person is, for the purposes of the Criminal Code, the Prisons and Reformatories Act and this Act, deemed to have been sentenced to one sentence commencing at the beginning of the first of those sentences to be served and ending on the expiration of the last of them to be served. |
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(2) Interpretation - This section does not affect the time of commencement, pursuant to subsection 719(1) of the Criminal Code, of any sentences that are deemed under this section to constitute one sentence. |
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[1992, c. 20, s. 139; 1995, c. 22, s. 18, c. 42, s. 54. ] | ||
| Judicial Consideration - | ||
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R. v. Drost - (1996), 104 C.C.C. (3d) 389
Ruest v Canada (Correctional Service) - (1997), 186 N.B.R. (2d) 65 (C.A.) |
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- Where a person is sentenced to two or more sentences or where a prisoner is sentenced to an additional term of imprisonment, section 92 of S.C. 1995, c.42 applies. Where a sentence is interrupted pursuant to s139(2), that sentence resumes after the later sentence expires or after the parole or statutory release is revoked or terminated. Where parole or statutory release has been terminated or revoked, the prisoner serves the total of the unexpired portion of the sentence serving while on parole or statutory release and the unexpired portion of the new sentence. |
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R. v. Hendrix - (1999), 137 C.C.C. (3d) 445 (Nfld. C.A.)
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- Where the accused is 6 months into serving a sentence of 12 months imprisonment, and receives an additional 14 month term of imprisonment, the total sentence is deemed by this section to be 26 months. Therefore, an additional term of probation cannot be imposed, pursuant to s731(1)(b) of the Criminal Code, because the accused was sentenced to a term exceeding two years. |
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