Sentences with phrase «subsequent offence under»

Writing for the 5 - 2 majority, Chief Justice Beverley McLachlin found that the minimum sentences of three years imprisonment for a first offence and five years in the case of a second or subsequent offence under s. 95 (2)(a) of the Criminal Code contravened the right not to be subjected to cruel and unusual punishment under s. 12 of the Charter of Rights.

Not exact matches

There are also minimum imprisonment terms for offences that involve firearms, are committed in relation to a criminal association, are subsequent offences or that involve a complainant under the age of sixteen.

Much higher fines should now be expected against individuals who have previously been convicted under the OHSA, especially if the circumstances of a previous offence substantially mirror the subsequent offence.

In cases where the alleged assault was committed with a firearm, where the victim was under the age of sixteen, where the assault was committed in relation to a criminal association or where the assault was a subsequent offence, the Criminal Code imposes mandatory minimum sentences.

In addition, the Criminal Code imposes mandatory minimum sentences for section 272 offences that are committed with a firearm, are committed in relation to a criminal association, involve a victim under the age of sixteen and / or are subsequent offences.