In criminal law, there are instances where a single event can give rise to multiple offences. These situations pose a unique challenge for both the legal system and those facing charges. Imagine a scenario where an individual, during the course of a single incident, commits a series of criminal acts, such as theft, assault, and vandalism.
How does sentencing work in these cases? Do you have to serve consecutive sentences for the single event? In this article, we will explore the nuances of consecutive and concurrent sentences and how they apply in situations involving single events with multiple offences.
Understanding Sentencing in the Criminal Justice System
After an individual is found guilty of a criminal offence, the sentencing phase determines the type and duration of punishment. Sentences aim to achieve a balance between holding the offender accountable and protecting society.
The Criminal Code of Canada plays a significant role in providing guidelines for sentencing, outlining the available sentencing options, and addressing the issue of serving consecutive sentences for a single event.
The Complexities of Single Events With Multiple Offences
Sentencing individuals involved in single events with multiple offences presents a considerable challenge within the realm of criminal law. The inherent difficulty lies in achieving a fair and just outcome that considers the unique circumstances of each offence while addressing the totality of the criminal behaviour.
Judges must balance the severity of each crime, the offender’s criminal history, aggravating and mitigating factors, and the overarching principles of deterrence, rehabilitation, and public safety. Striking this delicate balance is no easy task, and it requires a comprehensive understanding of both the law and the specific nuances of each case.
Defining Consecutive and Concurrent Sentences
In the context of sentencing for multiple offences within a single event, there are two types of sentences: consecutive and concurrent. These terms refer to how the multiple sentences for different offences are served.
What Does Serving Consecutive Sentences Mean?
When an individual is sentenced to consecutive terms, they must serve one prison sentence after the other. For example, if someone is convicted of two separate offences and receives consecutive sentences of two years each, they would serve a total of four years in prison.
What Does a Concurrent Sentence Mean?
Concurrent sentences allow an individual to serve multiple sentences at the same time. Using the same example, if someone is convicted of two offences and receives concurrent sentences of two years each, they would serve a total of two years, as the sentences run concurrently.
Consecutive Sentence vs Concurrent Sentence: The Reasoning Behind Them
In cases involving a single event with multiple offences, consecutive sentences might be appropriate if the offences are distinctly separate acts, such as a bank robbery where the offender commits armed robbery, assaults a security guard, and then engages in a high-speed chase with law enforcement. In such scenarios, consecutive sentences ensure that the offender is held accountable for each criminal act, resulting in a longer cumulative sentence.
Conversely, concurrent sentences may be chosen when the crimes are interconnected or arise from a single criminal impulse. For example, if an individual commits theft, mischief, and assault during a single altercation, a judge might opt for concurrent sentences, recognizing that these offences occurred in the context of a single event and imposing a more balanced and proportionate punishment. The goal is to avoid excessively long sentences for a single, albeit multifaceted, criminal event.
Aggravating and Mitigating Factors
Two important elements in a judge’s decision-making process when deciding whether to give consecutive or concurrent sentences are aggravating and mitigating factors.
Aggravating Factors
These are circumstances that make the offences more severe or warrant harsher penalties. Examples include premeditation, excessive violence, causing severe harm to victims, a history of repeated similar offences, or demonstrating a lack of remorse. When aggravating factors are present, a judge may lean towards consecutive sentences to ensure that the offender faces the full consequences of their actions.
Mitigating Factors
On the other hand, mitigating factors are considerations that may reduce the offender’s level of culpability or justify more lenient sentencing. These can encompass factors like a genuine display of remorse, a history of good behaviour, the absence of prior criminal convictions, or a strong commitment to rehabilitation. When such factors come into play, a judge might opt for concurrent sentences to reflect a more balanced approach to punishment, taking into account the offender’s efforts towards rehabilitation and a chance at reintegration into society.
Life Sentences and Multiple Offences
Life sentences add another layer of complexity to the consecutive versus concurrent debate. When an individual is convicted of multiple offences and receives life sentences, the question arises: can these life sentences be served concurrently?
In Canada, it is possible for an individual to serve multiple life sentences concurrently. However, the decision ultimately rests with the trial judge, who considers the specifics of the case.
The Role of Criminal Defence Lawyers When Facing Multiple Sentences
Their primary goal criminal defence lawyers is to advocate for the best possible outcome for their clients. If things have reached the sentencing stage, this may mean seeking concurrent sentences, which can significantly reduce the time an individual spends behind bars.
To achieve this, Surrey criminal defence lawyers carefully analyze the circumstances of the case and work to diminish the impact of aggravating factors that might lead to consecutive sentences.
Simultaneously, they emphasize mitigating factors, such as the defendant’s remorse, cooperation with authorities, or a clean prior record, to sway the sentencing judge toward leniency. With their expertise and knowledge of the criminal justice system, criminal defence lawyers are indispensable in securing fair and just sentences for their clients when they are facing multiple charges stemming from a single event.
