National Defence Act

Marginal note:Other sentencing principles

203.3 A service tribunal that imposes a sentence shall also take into consideration the following principles:

• (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and aggravating circumstances include, but are not restricted to, evidence establishing that

  • (i) the offender, in committing the offence, abused their rank or other position of trust or authority,

  • (ii) the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability or sexual orientation, or any other similar factor,

  • (iii) the offender, in committing the offence, abused their spouse or common-law partner,

  • (iv) the offender, in committing the offence, abused a person under the age of 18 years,

  • (v) the commission of the offence resulted in substantial harm to the conduct of a military operation,

  • (vi) the offence was committed in a theatre of hostilities,

  • (vii) the offence was committed for the benefit of, at the direction of or in association with a criminal organization, or

  • (viii) the offence was a terrorism offence;

• (b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;

• (c) an offender should not be deprived of liberty by imprisonment or detention if less restrictive sanctions may be appropriate in the circumstances;

• (d) a sentence should be the least severe sentence required to maintain discipline, efficiency and morale; and

• (e) any indirect consequences of the finding of guilty or the sentence should be taken into consideration.