SOC346H5 Chapter Notes -Parole Board Of Canada, Criminal Code (Canada), Young Offenders Act
Document Summary
At common law, a sentence commenced when imposed but judges had the power, in certain circumstances, to add one term of imprisonment to another. The first rule is reflected by the current section 719(1) which provides: A sentence commences when it is imposed, except where a relevant enactment otherwise provides. The ability to postpone a sentence was included in the english draft code of 1879 which found its way, along with its archaic language, into our criminal code, 1892. The approach to multiple sentences whether imposed by the same or subsequent judges, is governed by a combination of statutory provisions and common law jurisprudence. There is power to make a sentence consecutive to one previously imposed but this is usually a discretionary decision subject to a few common law principles. Until recently, there were situations in which a consecutive sentence was not legally permissible because of the sequence in which multiple convictions were registered.
