Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-11-11 and last amended on 2014-09-19. Previous Versions

Marginal note:Copy of statement

 The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.

  • 1995, c. 22, s. 6;
  • 1999, c. 25, s. 18(Preamble).
Marginal note:Inquiry by court
  •  (1) As soon as practicable after a finding of guilt and in any event before imposing sentence, the court shall inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim or victims have been advised of the opportunity to prepare a statement referred to in subsection 722(1).

  • Marginal note:Adjournment

    (2) On application of the prosecutor or a victim or on its own motion, the court may adjourn the proceedings to permit the victim to prepare a statement referred to in subsection 722(1) or to present evidence in accordance with subsection 722(3), if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

  • 1999, c. 25, s. 18(Preamble).
Marginal note:Submissions on facts
  •  (1) Before determining the sentence, a court shall give the prosecutor and the offender an opportunity to make submissions with respect to any facts relevant to the sentence to be imposed.

  • Marginal note:Submission of evidence

    (2) The court shall hear any relevant evidence presented by the prosecutor or the offender.

  • Marginal note:Production of evidence

    (3) The court may, on its own motion, after hearing argument from the prosecutor and the offender, require the production of evidence that would assist it in determining the appropriate sentence.

  • Marginal note:Compel appearance

    (4) Where it is necessary in the interests of justice, the court may, after consulting the parties, compel the appearance of any person who is a compellable witness to assist the court in determining the appropriate sentence.

  • Marginal note:Hearsay evidence

    (5) Hearsay evidence is admissible at sentencing proceedings, but the court may, if the court considers it to be in the interests of justice, compel a person to testify where the person

    • (a) has personal knowledge of the matter;

    • (b) is reasonably available; and

    • (c) is a compellable witness.

  • R.S., 1985, c. C-46, s. 723;
  • 1995, c. 22, s. 6.
Marginal note:Information accepted
  •  (1) In determining a sentence, a court may accept as proved any information disclosed at the trial or at the sentencing proceedings and any facts agreed on by the prosecutor and the offender.

  • Marginal note:Jury

    (2) Where the court is composed of a judge and jury, the court

    • (a) shall accept as proven all facts, express or implied, that are essential to the jury’s verdict of guilty; and

    • (b) may find any other relevant fact that was disclosed by evidence at the trial to be proven, or hear evidence presented by either party with respect to that fact.

  • Marginal note:Disputed facts

    (3) Where there is a dispute with respect to any fact that is relevant to the determination of a sentence,

    • (a) the court shall request that evidence be adduced as to the existence of the fact unless the court is satisfied that sufficient evidence was adduced at the trial;

    • (b) the party wishing to rely on a relevant fact, including a fact contained in a presentence report, has the burden of proving it;

    • (c) either party may cross-examine any witness called by the other party;

    • (d) subject to paragraph (e), the court must be satisfied on a balance of probabilities of the existence of the disputed fact before relying on it in determining the sentence; and

    • (e) the prosecutor must establish, by proof beyond a reasonable doubt, the existence of any aggravating fact or any previous conviction by the offender.

  • R.S., 1985, c. C-46, s. 724;
  • 1995, c. 22, s. 6.