If you are facing criminal charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.

Once either a judge or jury has found you guilty of an offence, the matter proceeds to criminal sentencing. During the sentencing process, the judge hears from the Crown prosecutor and the defence lawyer as to what the appropriate sentence should be, and why. For an overview of the steps leading up to sentencing, see our Toronto criminal court process.

In assessing the positions put forward by Crown and Defence, the Judge must keep in mind all the principles of sentencing set out in the Criminal Code, as well as any minimum or maximum sentence set out in the Criminal Code for any particular offence.  A good place to start before any sentencing, therefore, is the Criminal Code.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of a criminal offence beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights. Contact a Toronto Sentencing lawyer today by calling (647) 986-8077 or book a free consultation online.

Key Takeaways

  • Criminal sentencing occurs after a guilty verdict, where Crown and defence present arguments for appropriate punishment based on Criminal Code principles and statutory minimums/maximums
  • Sentence ranges from most to least lenient: absolute discharge, conditional discharge, fine, suspended sentence with probation, conditional sentence order, intermittent sentence, in-custody sentence
  • Sentencing is commonly adjourned to gather relevant information including employment records, reference letters, counseling records, and medical documentation
  • Most sentences result in permanent criminal records affecting employment, travel (especially to US), housing, and professional licensing opportunities
  • You can appeal sentences within 30 days if they contain errors in principle or are demonstrably unfit
  • Jail isn’t automatic – courts must consider least restrictive sentences that achieve sentencing goals
  • Thorough preparation and skilled presentation of sentencing submissions by an experienced Strategic Criminal Defence lawyer can significantly impact the final outcome

Range of Sentence

Generally speaking, the range of sentence from most lenient to most onerous is as follows:

Preparing for Sentencing 

Whether pleading guilty or being found guilty after trial, there is no reason to proceed to sentencing on the same day. Unless the offence is relatively simple and the sentence you want is agreed to by the Crown prosecutor, it is quite common to adjourn the sentencing for two to three months to gather the information relevant to sentencing. There is no exhaustive list of things you should prepare, but you should advise your lawyer of whatever you think is relevant. Some of the things you should think of gathering are as follows:

  • Your employment record
  • Any volunteer and/or community involvement record
  • If in school, records of grades
  • Reference letters from employer, family, friends, etc.
  • Apology letter, if applicable
  • Record of counseling, if applicable
  • Record of repayment of damages, if applicable
  • Driving abstract, if applicable
  • Medical/mental health records

Whenever a jail sentence is a realistic possibility, it is quite common to order a “pre-sentence report” or a “forensic report”.

A pre-sentence report is a report about you, prepared by a probation officer. The main purpose of the report is to advise the court if you are a suitable candidate for community supervision. The typical procedure is to order the report, then set up an appointment with probation to interview you. You will be expected to describe your childhood, your upbringing, your education and financial history, your emotional and social adjustment, etc. The probation officer will ask you for contact information for your family and friends, as well as other supporting documents to corroborate the information you provide.

A Forensic Report is also report about you, but is one prepared by either a psychologist of psychiatrist at the hospital. The report is typically ordered when an underlying psychological or psychiatric condition is believed to affect you, and may have contributed to the offending behaviour. After the report is ordered, you will be contacted to set up an appointment for the preparation of the report.  The doctors doing the report will likely ask you much of the same information that forms part of the pre-sentence report, but you may further be expected to discuss the offence itself, as well as do some psychological tests.

The reports typically take 2 to 3 months to prepare, and that is why sentencing is usually adjourned for that length of time so the reports can be ready. It is always important to review the report in detail to make sure it is accurate, and to be able to address any concerns raised in the report.

Structuring Your Sentencing Submissions

There is no magic to presenting sentencing submissions, but there is significant skill involved. It is important to present all of the relevant information the judge may require in coming to the best sentence possible for you.  It is equally important to make sure the judge can follow the flow of your submissions.

A Strategic Criminal Defence lawyer can prepare all sentencing submissions on your behalf so on the day in question, you do not need to say anything to the court if you do not want to.

Consequences of a Criminal Sentence in Canada

If you receive an in-custody sentence, you’ll typically serve your time in a provincial correctional facility if your sentence is less than two years, or a federal penitentiary for sentences of two years or more.

Most types of sentences also result in a permanent criminal record, which can limit future employment opportunities, travel to other countries (especially the United States), and even housing options. Many professional licenses and certifications become unavailable to those with criminal records, particularly for crimes related to dishonesty or violence.

Frequently Asked Questions

Yes, you can appeal your sentence if you believe it’s too harsh or otherwise inappropriate. The appeal process allows a higher court to review the sentence imposed by the trial judge to determine if it contains an error in principle or is demonstrably unfit.

To appeal a sentence, you must file a Notice of Appeal within 30 days of sentencing (though extensions are sometimes granted in exceptional circumstances). For summary conviction offences, you appeal to your province’s superior court. For indictable offences, you appeal to your province’s Court of Appeal.

Not necessarily. Even for offences that can result in jail time, courts must consider all available sentencing options before imposing imprisonment. According to the Criminal Code, judges should use the “least restrictive sentence” that achieves the goals of sentencing. This means jail should be used only when necessary.

In certain circumstances you can serve your jail sentence only on weekends through what’s called an “intermittent sentence.” This option is available when your total sentence is 90 days or less and allows you to maintain employment, educational commitments, or family responsibilities during the week.