Marginal note:Reasons for sentence
726.2 When imposing a sentence, a court shall state the terms of the sentence imposed, and the reasons for it, and enter those terms and reasons into the record of the proceedings.
- 1995, c. 22, s. 6.
Marginal note:Previous conviction
727. (1) Subject to subsections (3) and (4), where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be imposed on the offender by reason thereof unless the prosecutor satisfies the court that the offender, before making a plea, was notified that a greater punishment would be sought by reason thereof.
(2) Where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the court shall, on application by the prosecutor and on being satisfied that the offender was notified in accordance with subsection (1), ask whether the offender was previously convicted and, if the offender does not admit to any previous convictions, evidence of previous convictions may be adduced.
Marginal note:Where hearing ex parte
(3) Where a summary conviction court holds a trial pursuant to subsection 803(2) and convicts the offender, the court may, whether or not the offender was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the offender and, if any such conviction is proved, may impose a greater punishment by reason thereof.
(4) If, under section 623, the court proceeds with the trial of an organization that has not appeared and pleaded and convicts the organization, the court may, whether or not the organization was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the organization and, if any such conviction is proved, may impose a greater punishment by reason of that conviction.
Marginal note:Section does not apply
(5) This section does not apply to a person referred to in paragraph 745(b).
- R.S., 1985, c. C-46, s. 727;
- R.S., 1985, c. 27 (1st Supp.), s. 160;
- 1995, c. 22, s. 6;
- 2003, c. 21, s. 16.
Marginal note:Sentence justified by any count
728. Where one sentence is passed on a verdict of guilty on two or more counts of an indictment, the sentence is good if any of the counts would have justified the sentence.
- R.S., 1985, c. C-46, s. 728;
- 1995, c. 22, s. 6.
Marginal note:Proof of certificate of analyst
729. (1) In
(a) a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or
(b) a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs,
a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.
Definition of “analyst”
(2) In this section, “analyst” means a person designated as an analyst under the Controlled Drugs and Substances Act.
Marginal note:Notice of intention to produce certificate
(3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
(4) and (5) [Repealed, 2008, c. 18, s. 36]
Marginal note:Requiring attendance of analyst
(6) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.
- R.S., 1985, c. C-46, s. 729;
- 1995, c. 22, s. 6;
- 1999, c. 31, s. 69;
- 2004, c. 12, s. 11(E);
- 2008, c. 18, s. 36.
- Date modified: