| 720.
Sentencing proceedings - A court shall, as soon as practicable after an offender has been found guilty, conduct proceedings to determine the appropriate sentence to be imposed. |
| R.S., 1985, c. C-46, s. 720; 1995, c. 22, s. 6.
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| 721.
(1) Report by probation officer - Subject to regulations made under subsection (2), where an accused, other than a corporation, pleads guilty to or is found guilty of an offence, a probation officer shall, if required to do so by a court, prepare and file with the court a report in writing relating to the accused for the purpose of assisting the court in imposing a sentence or in determining whether the accused should be discharged pursuant to section 730. |
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(2) Provincial regulations - The lieutenant governor in council of a province may make regulations respecting the types of offences for which a court may require a report, and respecting the content and form of the report. |
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(3) Content of report - Unless otherwise specified by the court, the report must, wherever possible, contain information on the following matters: |
| (a) |
the offender's age, maturity, character, behaviour, attitude and willingness to make amends;
|
| (b) |
the history of previous dispositions under the Young Offenders Act and of previous findings of guilt under this Act and any other Act of Parliament;
|
| (c) |
the
history of any alternative measures used to deal with the offender, and
the offender's response to those measures; and |
| (d) |
any matter required, by any regulation made under subsection (2), to be included in the report. |
|
(4) Idem - The report must also contain information on any other matter required by the court, after hearing argument from the prosecutor and the offender, to be included in the report, subject to any contrary regulation made under subsection (2). |
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(5) Copy of report - The clerk of the court
shall provide a copy of the report, as soon as practicable after filing,
to the offender or counsel for the offender, as directed by the court,
and to the prosecutor. |
| R.S., 1985, c. C-46, s. 721; R.S., 1985, c. 27 (1st Supp.), s. 203; 1995, c. 22, s. 6; 1999, c. 25, s. 16(Preamble).
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| 722.
(1) Victim impact statement - For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged pursuant to section 730 in respect of any offence, the court shall consider any statement that may have been prepared in accordance with subsection (2) of a victim of the offence describing the harm done to, or loss suffered by, the victim arising from the commission of the offence. |
|
(2) Procedure for victim impact statement
- A statement referred to in subsection (1) must be |
| (a) |
prepared in writing in the form and in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction; and
|
| (b) |
filed with the court. |
|
(2.1) Presentation of statement - The court shall, on the request of a victim, permit the victim to read a statement prepared and filed in accordance with subsection (2), or to present the statement in any other manner that the court considers appropriate. |
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(3) Evidence concerning victim admissible -
Whether or not a statement has been prepared and filed in accordance with subsection (2), the court may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730. |
|
(4) Definition of "victim"
- For the purposes of this section and section 722.2, "victim", in relation to an offence,
|
| (a) |
means a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of the offence; and
|
| (b) |
where the person described in paragraph (a) is dead, ill or otherwise incapable of making a statement referred to in subsection (1), includes the spouse or common-law partner or any relative of that person, anyone who has in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person.
|
| R.S., 1985, c. C-46, s. 722; 1995, c. 22, s. 6; 1999, c. 25, s. 17(Preamble); 2000, c. 12, s. 95.
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| 722.1
Copy of statement
- The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.
|
| 1995, c. 22, s. 6; 1999, c. 25, s. 18(Preamble).
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| 722.2
(1) Inquiry by court
- As soon as practicable after a finding of guilt and in any event before imposing sentence, the court shall inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim or victims have been advised of the opportunity to prepare a statement referred to in subsection 722(1). |
|
(2) Adjournment - On application of the prosecutor or a victim or on its own motion, the court may adjourn the proceedings to permit the victim to prepare a statement referred to in subsection 722(1) or to present evidence in accordance with subsection 722(3), if the court is satisfied that the adjournment would not interfere with the proper administration of justice.
|
| 1999, c. 25, s. 18(Preamble).
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| 723.
(1) Submissions on facts
- Before determining the sentence, a court shall give the prosecutor and the offender an opportunity to make submissions with respect to any facts relevant to the sentence to be imposed. |
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(2) Submission of evidence - The court shall hear any relevant evidence presented by the prosecutor or the offender.
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(3) Production of evidence - The court may, on its own motion, after hearing argument from the prosecutor and the offender, require the production of evidence that would assist it in determining the appropriate sentence.
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(4) Compel appearance - Where it is necessary in the interests of justice, the court may, after consulting the parties, compel the appearance of any person who is a compellable witness to assist the court in determining the appropriate sentence. |
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(5) Hearsay evidence - Hearsay evidence is admissible at sentencing proceedings, but the court may, if the court considers it to be in the interests of justice, compel a person to testify where the person
|
| (a) |
has personal knowledge of the matter;
|
| (b) |
is reasonably available; and |
| (c) |
is a compellable witness. |
| R.S., 1985, c. C-46, s. 723; 1995, c. 22, s. 6.
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| 724.
(1) Information accepted - In determining a sentence, a court may accept as proved any information disclosed at the trial or at the sentencing proceedings and any facts agreed on by the prosecutor and the offender. |
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(2) Jury - Where the court is composed of a judge and jury, the court
|
| (a) |
shall accept as proven all facts, express or implied, that are essential to the jury's verdict of guilty; and |
| (b) |
may find any other relevant fact that was disclosed by evidence at the trial to be proven, or hear evidence presented by either party with respect to that fact. |
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(3) Disputed facts - Where there is a dispute with respect to any fact that is relevant to the determination of a sentence,
|
| (a) |
the court shall request that evidence be adduced as to the existence of the fact unless the court is satisfied that sufficient evidence was adduced at the trial;
|
| (b) |
the party wishing to rely on a relevant fact, including a fact contained in a presentence report, has the burden of proving it;
|
| (c) |
either party may cross-examine any witness called by the other party;
|
| (d) |
subject to paragraph (e), the court must be satisfied on a balance of probabilities of the existence of the disputed fact before relying on it in determining the sentence; and
|
| (e) |
the prosecutor must establish, by proof beyond a reasonable doubt, the existence of any aggravating fact or any previous conviction by the offender.
|
| R.S., 1985, c. C-46, s. 724; 1995, c. 22, s. 6.
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| 725.
(1) Other offences - In determining the sentence, a court
|
| (a) |
shall consider, if it is possible and appropriate to do so, any other offences of which the offender was found guilty by the same court, and shall determine the sentence to be imposed for each of those offences;
|
| (b) |
shall consider, if the Attorney General and the offender consent, any outstanding charges against the offender to which the offender consents to plead guilty and pleads guilty, if the court has jurisdiction to try those charges, and shall determine the sentence to be imposed for each charge unless the court is of the opinion that a separate prosecution for the other offence is necessary in the public interest;
|
| (b.1) |
shall consider any outstanding charges against the offender, unless the court is of the opinion that a separate prosecution for one or more of the other offences is necessary in the public interest, subject to the following conditions:
|
| (i) |
the Attorney General and the offender consent,
|
| (ii) |
the court has jurisdiction to try each charge,
|
| (iii) |
each charge has been described in open court, |
| (iv) |
the offender has agreed with the facts asserted in the description of each charge, and |
| (v) |
the offender has acknowledged having committed the offence described in
each charge; and |
| (c) |
may consider any facts forming part of the circumstances of the offence that could constitute the basis for a separate charge. |
|
(1.1) Attorney General's consent - For the purpose of paragraphs (1)(b) and (b.1), the Attorney General shall take the public interest into account before consenting.
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(2) No further proceedings - The court shall, on the information or indictment, note
|
| (a) |
any outstanding charges considered in determining the sentence under paragraph (1)(b.1), and |
| (b) |
any facts considered in determining the sentence under paragraph (1)(c), |
| and no further proceedings may be taken with respect to any offence described in those charges or disclosed by those facts unless the conviction for the offence of which the offender has been found guilty is set aside or quashed on appeal.
|
| R.S.,
1985, c. C-46, s. 725; R.S., 1985, c. 27 (1st Supp.), s. 158, c. 1 (4th
Supp.), s. 18(F); 1995, c. 22, s. 6; 1999, c. 5, s. 31. |
| |
| 726.
Offender may speak to sentence
- Before determining the sentence to be imposed, the court shall ask whether the offender, if present, has anything to say.
|
| R.S., 1985, c. C-46, s. 726; R.S., 1985, c. 27 (1st Supp.), s. 159, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 6.
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| 726.1
Relevant information
- In determining the sentence, a court shall consider any relevant information placed before it, including any representations or submissions made by or on behalf of the prosecutor or the offender.
|
| 1995,
c. 22, s. 6. |
| |
| 726.2
Reasons for sentence - When imposing a sentence, a court shall state the terms of the sentence imposed, and the reasons for it, and enter those terms and reasons into the record of the proceedings.
|
| 1995,
c. 22, s. 6. |
| |
| 727.
(1) Previous conviction - Subject to subsections (3) and (4), where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be imposed on the offender by reason thereof unless the prosecutor satisfies the court that the offender, before making a plea, was notified that a greater punishment would be sought by reason thereof. |
|
(2) Procedure - Where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the court shall, on application by the prosecutor and on being satisfied that the offender was notified in accordance with subsection (1), ask whether the offender was previously convicted and, if the offender does not admit to any previous convictions, evidence of previous convictions may be adduced. |
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(3) Where hearing ex parte - Where a summary conviction court holds a trial pursuant to subsection 803(2) and convicts the offender, the court may, whether or not the offender was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the offender and, if any such conviction is proved, may impose a greater punishment by reason thereof. |
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(4) Corporations - Where, pursuant to section 623, the court proceeds with the trial of a corporation that has not appeared and pleaded and convicts the corporation, the court may, whether or not the corporation was notified that a greater punishment would be sought be reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the corporation and, if any such conviction is proved, may impose a greater punishment by reason thereof. |
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(5) Section does not apply - This section does not apply to a person referred to in paragraph 745(b).
|
| R.S.,
1985, c. C-46, s. 727; R.S., 1985, c. 27 (1st Supp.), s. 160; 1995, c.
22, s. 6. |
| |
| 728.
Sentence justified by any count - Where one sentence is passed on a verdict of guilty on two or more counts of an indictment, the sentence is good if any of the counts would have justified the sentence.
|
| R.S., 1985, c. C-46, s. 728; 1995, c. 22, s. 6.
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| 729.
(1) Proof of certificate of analyst - In |
| (a) |
a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or
|
| (b) |
a hearing to determine whether the offender breached a condition of a conditional sentence that the offender not have in possession or use drugs,
|
| a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate. |
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(2) Definition of "analyst" - In this section,
"analyst" means a person designated as an analyst under the Controlled
Drugs and Substances Act. |
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(3) Notice of intention to produce certificate - No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced. |
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(4) Proof of service - Service of any certificate referred to in subsection (1) may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it. |
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(5) Attendance for examination - Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service. |
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(6) Requiring attendance of analyst - The
party against whom a certificate of an analyst is produced may, with leave
of the court, require the attendance of the analyst for cross-examination.
|
| R.S., 1985, c. C-46, s. 729; 1995, c. 22, s. 6; 1999, c. 31, s. 69.
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