Friday, February 14, 2014

In general, where an accused is sentenced for separate events, sentences should be consecutive

R. v Drader, 2014 ABCA 69:

 [4]              In ascertaining what is a fit sentence, a sentencing court may make sentences concurrent or consecutive. Particularly where an accused is being sentenced for a number of offences at the same time, the principles of totality and proportionality will inform whether sentences should be consecutive or concurrent. However, as a general principle, where an accused is sentenced on separate days for completely separate events, typically the sentences should be consecutive. Otherwise, the result is that there is no effective sentence for the later offence.

1 comment:

Anonymous said...

It seems that most of the time the accused, who has an extensive criminal record, receives a concurrent sentence even when there's multiple charges from offences committed on separate occasions. For example there was a case in Calgary where buddy received 3 months for over 50 offences. The offences were mostly thefts such as stealing from vehicles, stealing bicycles and shop lifting. The accused's name was never given but it was reported that he was well known to police and had an extensive record. It must just be easier for the Crown to close the case and move on I suppose.