Outline The Purpose And Principles Of Sentencing In Canada

Sentencing can be defined as “the judicial determination of a legal sanction upon a person convicted of an offence. When discussing sentencing in Canada, it is important to mention section 718 of the Criminal Code of Canada. This section outlines the purpose and principles of sentencing. This section states that the fundamental purpose of sentencing… [Is] imposing just sanctions that have one or more of the following objectives: (a) to denounce unlawful conduct; (b) to deter the offender and other person from committing offences; (c) to separate offender from society, where necessary (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or the community and; (f) to promote sense of responsibility in offenders, and acknowledgement of harm done to victims and to the …show more content…
Most offences in the Criminal Code of Canada specify a maximum period of imprisonment, but some specify minimum penalties, such as a second conviction for impaired driving. Another section in the Criminal Code of Canada that outlines an important sentencing principle is section 718.2. This section states that “a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances” and also lists aggravating facts. As mentioned above, the purpose and principles set out in the Criminal Code of Canada are the basic framework for sentencing in Canada, and “the discretionary process of navigating and applying the objectives and principles of sentencing in the full context of a cases facts has generally been left to the judges. But, the increasing number of mandatory minimums has resulted in less freedom to do so. MMS are sentences that warrant a certain period of imprisonment for certain offences that judges cannot reduce, regardless of extenuating