| 718.3
(1) Degrees of punishment -
Where an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence. |
|
(2) Discretion respecting punishment - Where an enactment prescribes a punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence, but no punishment is a minimum punishment unless it is declared to be a minimum punishment. |
|
(3) Imprisonment in default where term not specified
- Where an accused is convicted of an offence punishable with both fine and imprisonment and a term of imprisonment in default of payment of the fine is not specified in the enactment that prescribes the punishment to be imposed, the imprisonment that may be imposed in default of payment shall not exceed the term of imprisonment that is prescribed in respect of the offence. |
|
(4) Cumulative punishments - Where an accused
|
| (a) |
is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed,
|
| (b) |
is convicted of an offence punishable with both a fine and imprisonment and both are imposed, or
|
| (c) |
is convicted of more offences than one, and
|
| (i) |
more than one fine is imposed,
|
| (ii) |
terms of imprisonment for the respective offences are imposed, or
|
| (iii) |
a term of imprisonment is imposed in respect of one offence and a fine
is imposed in respect of another offence, |
| the court that sentences the accused may direct that the terms of imprisonment that are imposed by the court or result from the operation of subsection 734(4) shall be served consecutively.
|
| 1995, c. 22, s. 6; 1997, c. 18, s. 141.
|
| |
| 719.
(1) Commencement of sentence - A sentence commences when it is imposed, except where a relevant enactment otherwise provides. |
|
(2) Time at large excluded from term of imprisonment - Any time during which a convicted person is unlawfully at large or is lawfully at large on interim release granted pursuant to any provision of this Act does not count as part of any term of imprisonment imposed on the person. |
|
(3) Determination of sentence - In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence. |
|
(4) When time begins to run - Notwithstanding subsection (1), a term of imprisonment, whether imposed by a trial court or the court appealed to, commences or shall be deemed to be resumed, as the case may be, on the day on which the convicted person is arrested and taken into custody under the sentence. |
|
(5) When fine imposed - Notwithstanding subsection (1), where the sentence that is imposed is a fine with a term of imprisonment in default of payment, no time prior to the day of execution of the warrant of committal counts as part of the term of imprisonment. |
|
(6) Application for leave to appeal
- An application for leave to appeal is an appeal for the purposes of this section.
|
| R.S., 1985, c. C-46, s. 719; R.S., 1985, c. 27 (1st Supp.), s. 157; 1995, c. 22, s. 6.
|
TOP
|