Sentencing begins only after guilt is established
A sentence may follow a guilty plea or a conviction after trial. Before entering a guilty plea, an accused should understand the charge, the admitted facts, reasonably foreseeable consequences and whether the plea will resolve all counts or related matters.
The Criminal Code sets out sentencing purposes and principles that guide Canadian courts.
The court looks at both the offence and the offender
Relevant information can include the circumstances of the offence, harm, prior record, degree of responsibility, rehabilitation, remorse, guilty-plea timing, personal history and aggravating factors specified by law. Some offences have particular statutory rules.
Sentencing is not simply a negotiation between Crown and defence. Even where counsel make a joint submission, the court retains a judicial role.
Possible sentences vary widely
Depending on the offence and legal constraints, outcomes can include a discharge, suspended sentence, probation, fine, conditional sentence where legally available, intermittent custody or jail. Ancillary orders may concern weapons, driving, DNA, restitution or contact.
Do not assume that avoiding jail means there are no lasting consequences. Immigration, employment, travel, professional licensing and insurance can be affected by a conviction or sentence.
Preparing for sentencing
Counsel may gather employment information, treatment records, counselling progress, references, restitution information or a structured rehabilitation plan. The usefulness of a document depends on the case and it should be truthful and specific.
Indigenous offenders may have sentencing considerations under section 718.2(e) of the Criminal Code and related jurisprudence.
Related criminal guides
If the case is still at an early stage, start with first appearance and disclosure. For release restrictions, see bail conditions.
Questions people often ask
Does pleading guilty guarantee a lighter sentence?
A guilty plea can be mitigating, particularly when timely, but it does not guarantee a particular sentence.
Can the judge reject a sentencing agreement?
The court is not merely a rubber stamp. Different legal standards apply depending on whether counsel make a joint submission or separate positions.
Are probation conditions optional?
No. Once imposed, probation conditions are court orders and breach can itself lead to criminal consequences.
Primary source: Criminal Code section 718: purpose and principles of sentencing (Justice Canada).