Concurrent & Consecutive Sentencing

Gordon Stuckless Case

The Politics Against Consecutive Sentencing

• Plead guilty to 22 counts of indecent assault and 2 counts of sexual assault over a 20 year period.
• Victims were all boys between 10-15 years old
• Victims experienced depression, trauma, self-hatred, fear, and suicide attempts

Child Predators Face Longer Sentences

Fiscal Imprudence

The daily cost of inmates:

• Federal: $357
• Provincial: $171

Austin J.A. (Concurring in Result)

• Agrees with 1st error
• Disagrees on 2nd error
• The trial judge relied heavily upon the vagueness and uncertainty of the evidence

New Sentence: 6 years with 1 yr credit

• Errors resulted from reduced emphasis on the aggravating factors
• Served concurrently

All Those Serial Pedophiles

Persons who commit multiple sex offenses against children may currently receive a dangerous offender designation, which can serve to keep them away from society indefinitely, without the need to introduce consecutive sentencing.

Offenses Against Children

To The Rest of the Code

Rehabilitation

Proportionality and Public Opinion

Criminal Code s. 718.1: Proportionality

Criminal Code s. 718(d): Rehabilitating Offenders

• reintegration vs. alienation

Pressuring Judges towards instituting harsher sentences

Original Sentence

• Original trial judge sentenced Gordon to 2 yrs less a day & 3 yrs probation
• Lack of violence on the part of the offender

History of Sentencing in Canada

Appeal

Abella J.A. & Borins J.A. (Concurring)

• The unreasonableness of the sentence flows from two errors of reasoning:

1) Lack of force or violence = lower end of the spectrum of sexual assaults.

2) General deterrence has no role in sentencing pedophiles, thus primary consideration should be given to rehabilitation

Concurrent & Consecutive Sentencing

The Basics

• Principles in the Criminal Code
• Visible part of the Justice System
• Political

Legal Argument Against Consecutive Sentencing

• Sentencing Considerations & Process
• Societal context
• Benefits for individuals and society

History

Political Argument

• Over the past 30 years, most Canadians believe that sentencing practices are too lenient (Public Opinion Sentencing)

• Judicial Discretion and Leniency
• Separation of Politics and Judiciary
• Big Problems and Discrepancies
• Conservatives politicizing issue

Questions?

Definition

Current Proposals

• Consecutive Sentences vs. Concurrent Sentences

• Are these proposals in line with the goals of sentencing in the Criminal Code?
• Is this a political move or one based on research?
• Does the public favour this legislation, and should public opinion play a role?

• Not just a Conservative issue (2005)
• Introduce legislation for consecutive sentencing for sex offenders
• Groups in favour: Conservatives, victims’ rights groups, the public?
• Groups against: Bar Associations, policy analysts

Sentencing Process

Sentencing Considerations and Process

Quasi-Legal

Highly Discretionary

s. 718

• Denounce
• Deter
• Separate Offenders from Society
• Rehabilitation
• Reparation
• Responsibility

Libertarian Values

s. 718.1 Proportionate to the gravity of the offence and the degree of responsibility of the offender

• Consecutive sentencing effectively makes sentencing harsher. As such, people will feel that they are getting Justice from the justice system

Benefits for individuals

Benefits for society

2/1 Shopping

The Harper Response

The Current Proposal

• Responsibility for multiple crimes

• “Tough on Crime”

• On December 2, 2011: Protecting Canadians by Ending Multiple Murders Act

• Individuals who are convicted of committing multiple murders serve their parole ineligibility period consecutively.

• Time to add consecutive sentencing with sex offenders

• Omnibus Crime Bill: to restore public confidence in the justice system

• Need more consecutive sentencing (Punishment severity and confidence)

• Taking into account offenses committed against multiple children

• "We're doing this because every victim matters, because every child matters,"

• "Our goal is a Canada where all of our children are safe all the time and everywhere."