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SUMMARY |
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This enactment provides that a sentence imposed for the offence of
sexual assault under section 271 of the Criminal Code shall be served
consecutively to any other sentence for an offence under that section or
section 272 or 273 to which the person is subject at the time the sentence
for sexual assault is imposed. However, the enactment also gives the
sentencing judge discretion to order that the sentence be served
concurrently rather than consecutively where he or she is satisfied that
it is appropriate to do so. Where the judge makes such an order, he or
she must provide both oral and written reasons for that decision.
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The enactment also provides that where a person is sentenced for
first or second degree murder and is at the time the sentence is imposed
subject to a sentence for any offence other than murder, the person will
not be eligible for parole until he or she has served the parole
ineligibility period required by law to be served for that other sentence
- the lesser of one third of that sentence and seven years - and the
parole ineligibility period required by law to be served for the first or
second degree murder.
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The enactment further provides that where a person is sentenced for
first or second degree murder and is at the time the sentence is imposed
subject to a sentence for another first or second degree murder, the
sentencing judge has the discretion where he or she is satisfied that it is
appropriate to do so, to order that the person shall, in addition to the
parole ineligibility period the person must by law serve for that other
murder, serve a further parole ineligibility period not exceeding
twenty-five years for the murder for which he or she is being sentenced.
However, in no case shall the total parole ineligibility period required
to be served by the person exceed fifty years.The enactment also
provides that where the sentencing judge does not make an order for a
further period of parole ineligibility, he or she must give both oral and
written reasons for that decision.
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