On Sentencing Adults
Excerpts from The Criminal Code
There are several sentencing principles involved in the sentencing of adults:
- Denunciation: The sentence must demonstrate society’s disapproval of the behavior in question.
- General Deterrence: The sentence must send a message to others who commit similar offences.
- Specific Deterrence: There must be a strong message sent to this individual so that it does not happen again.
- Rehabilitation: Everyone should be given the opportunity to improve their behavior and leave criminal activity behind.
Potential Dispositions and/or Sentences:
- Diversion out of the criminal process
- Signing of a peace bond (a promise to the court to abide by certain stipulated conditions) with charges being withdrawn
- Conditional and Absolute Discharges which mean a finding of guilt but no criminal record
- Probation where you are required to abide by conditions imposed by the judge and report to a probation officer
- Pay a fine or make restitution to the victim
- House arrest on a conditional sentence with conditions in addition to probation (sort of like probation on steroids) and
- Real Jail either in a provincial institution (sentences less than 2 years) or the federal penitentiary (sentences for 2 years or more).
Frequently Asked Questions
Will I get a criminal record if convicted?
Yes, a conviction results in a criminal record, which may appear on background checks and affect employment or travel. The type of sentence and offence will determine the impact.
Contact us to arrange a confidential consultation and discuss how a conviction may affect your circumstances.
Can I get a record sealed, suspended or expunged?
In Canada, you may apply for a record suspension (formerly called a pardon) after completing your sentence and a prescribed waiting period. A record suspension removes your criminal record from active police databases, although it does not erase the conviction. Expungement is extremely rare and applies only in limited cases involving historical injustices, such as convictions under now-repealed laws. In some circumstances, sealing of records may be available for individuals whose charges were withdrawn, stayed, or resulted in an acquittal.
Speak with Randy Norris to review what options may be available based on the outcome of your case.
What is a conditional sentence or house arrest?
A conditional sentence allows a person to serve their jail sentence in the community under strict conditions, including house arrest. It is only available for certain offences where the sentence is under two years and often includes GPS monitoring.
Contact us to discuss whether a conditional sentence may be available in your situation.
Can I avoid jail time for a serious charge?
It depends on the offence, your criminal record, and other circumstances. In some cases, alternatives like conditional sentences or suspended sentences may be considered.
A confidential consultation with Randy Norris can help assess whether alternatives to custody may be available in your case.
Will a criminal record affect my ability to work or travel?
Yes, a criminal record can limit employment opportunities and affect travel, especially to countries like the United States. Disclosure requirements vary by employer and jurisdiction.
Speak with us to discuss how a criminal record may affect employment or travel in your particular circumstances.
What does it mean to be registered on the Sex Offender Registry?
It means the individual must report up to date address and other contact information to police for a set period. Non-compliance can result in further charges.
Contact Randy Norris to discuss registration requirements and the legal obligations involved.
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