Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Information accepted

• 724 (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.