Bill C-448

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First Reading

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	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-448
	An Act to amend the Criminal Code (consecutive sentences)
R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Section 718.3 of the Criminal Code* is amended by adding the following after subsection (3):**
Consecutive sentences	(3.1) Subject to subsection (3.3), where an accused
	(a) is sentenced in respect of an offence set out in subsection (3.2) while serving a sentence for another such offence and a term of imprisonment is imposed, or
	(b) is convicted of more than one offence set out in subsection (3.2) and terms of imprisonment for the respective offences are imposed,
	the court that sentences the accused shall direct that the terms of imprisonment shall be served consecutively.
Offences	(3.2) The offences referred to in subsection (3.1) are
	(a) offences under any of the following provisions of this Act :
	(i) section 151 (sexual interference),
	(ii) section 152 (invitation to sexual touching),
	(iii) section 153 (sexual exploitation),
	(iv) section 239 (attempt to commit murder),
	(v) section 268 (aggravated assault),
	(vi) section 271 (sexual assault),
	(vii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
	(viii) section 273 (aggravated sexual assault), or
	(ix) section 279 (kidnapping);
	b) offences under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983:
	(i) section 144 (rape),
	(ii) section 145 (attempt to commit rape),
	(iii) section 149 (indecent assault on female), or
	(iv) section 156 (indecent assault on male).
Exception	(3.3) Subsection (3.1) does not apply where a sentence of life imprisonment is being served by or is imposed on the accused or the accused is serving a sentence for an indeterminate period or such a sentence is imposed on the accused.
	2. The portion of subsection 718.3(4) before paragraph (a) is replaced by the following:
Cumulative punishments	(4) Subject to subsection (3.1), where an accused

Bill C-448

BILL C-448