Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Shorter term of imprisonment than minimum punishment

• 718.4 (1) When imposing a sentence for an offence that has a minimum punishment of a specified term of imprisonment, a court shall impose a shorter term of imprisonment than the specified term if, in the circumstances, the minimum punishment would amount to cruel and unusual punishment for that offender.

• Marginal note:Exception — imprisonment for life

  (2) Subsection (1) does not apply with respect to an offence for which the minimum punishment is imprisonment for life.

• Marginal note:For greater certainty

  (3) For greater certainty, subsection (1) does not affect the operation of section 320.23.

• Marginal note:Reasons

  (4) A court that imposes a shorter term of imprisonment under subsection (1) shall include in the record a statement of its reasons for doing so.

• Marginal note:Minimum punishment

  (5) For the purposes of this Part, the shorter term of imprisonment imposed under subsection (1) is a minimum term of imprisonment.