Bill C-231
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C-231
First Session, Fortieth Parliament,
57 Elizabeth II, 2008
HOUSE OF COMMONS OF CANADA
BILL C-231
An Act to amend the Criminal Code and the Corrections and Conditional Release Act (consecutive sentences)
first reading, November 26, 2008
Ms. Guarnieri
401087
SUMMARY
This enactment provides that a sentence imposed for the offence of sexual assault under section 271 of the Criminal Code is to be served consecutively to any other sentence for an offence under that section or section 272 or 273 to which the offender 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 give both oral and written reasons for that decision.
The enactment also provides that, where an offender 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 offender 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.
The enactment further provides that, where an offender 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 to order, where he or she is satisfied that it is appropriate to do so, that the offender must — on the expiration of the parole ineligibility period the person is required by law to serve for that other murder — serve a further parole ineligibility period not exceeding 25 years for the murder for which he or she is being sentenced. However, in no case must the total parole ineligibility period required to be served by the offender exceed 50 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 explain, both orally and in writing, why he or she did not make that order.
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1st Session, 40th Parliament,
57 Elizabeth II, 2008
house of commons of canada
BILL C-231
An Act to amend the Criminal Code and the Corrections and Conditional Release Act (consecutive sentences)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1. Section 271 of the Criminal Code is amended by adding the following after subsection (1):
Sentences to be served consecutively
(2) Subject to subsections (3) and (4), a sentence imposed on an offender for an offence under subsection (1) shall be served consecutively to any other sentence for an offence under subsection (1) or section 272 or 273 to which the offender is subject at the time the sentence is imposed on the offender for an offence under subsection (1), unless the judge who sentences the offender is satisfied that the serving of that sentence consecutively would be inconsistent with the principles of sentencing contained in sections 718 to 718.2, in which case the judge may order that the sentence be served concurrently.
Factors
(3) In deciding whether to make an order under subsection (2), the judge shall have regard to
(a) the nature of the offence;
(b) the circumstances surrounding the commission of the offence;
(c) the degree of physical or emotional harm suffered by the victim as a result of the commission of the offence;
(d) whether the offender abused a position of trust, power or authority in the commission of the offence;
(e) the criminal record of the offender; and
(f) the attitude of the offender respecting the offence committed by the offender.
Reasons
(4) Where the judge makes an order under subsection (2), the judge shall give both oral and written reasons for that order.
1992, c. 20
CORRECTIONS AND CONDITIONAL RELEASE ACT
2. Section 120 of the Corrections and Conditional Release Act is amended by adding the following after subsection (2):
Sentences to be served consecutively
(3) The portion of a sentence of imprisonment for life that an offender who has been convicted of first degree murder or second degree murder must serve before the offender may be released on full parole is, subject to subsection (4), the one provided for in section 745 or 745.1 of the Criminal Code and, in addition, where the offender is under another sentence of imprisonment for another offence arising out of the same event or series of events or under any other sentence at the time the sentence of imprisonment for life is imposed on the offender, the lesser of one third of any other sentence of imprisonment and seven years.
Subsequent murder conviction
(4) Subject to subsections (5), (6) and (7), where a judge sentences an offender to a term of imprisonment for life for first degree murder or second degree murder and the offender is, at the time the sentence is imposed, under a sentence of imprisonment for life for another first degree murder or second degree murder, the judge may order that the offender serve — on the expiration of the parole ineligibility period referred to in section 745 or 745.1 of the Criminal Code to which the offender is subject in respect of the conviction for the other first degree murder or second degree murder — a further parole ineligibility period not exceeding 25 years in respect of the first degree murder or second degree murder for which the judge is sentencing the offender.
Maximum parole ineligibility
(5) Where an offender is required to serve more than one further parole ineligibility period referred to in subsection (4), the periods shall be served consecutively but in no case shall the total period of parole ineligibility exceed 50 years.
Factors
(6) In deciding whether to order a further parole ineligibility period under subsection (4), and in deciding the length of that period, the sentencing judge shall have regard to whether the total period of parole ineligibility would adequately denounce the murder and whether it would adequately acknowledge the harm done to the victim.
Reasons
(7) Where the judge does not make an order under subsection (4), the judge shall, orally and in writing, explain why he or she did not make that order.
Published under authority of the Speaker of the House of Commons
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