Criminal Code

Marginal note:Degrees of punishment

• 718.3 (1) Where an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence.

• Marginal note:Discretion respecting punishment

  (2) Where an enactment prescribes a punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence, but no punishment is a minimum punishment unless it is declared to be a minimum punishment.

• Marginal note:Imprisonment in default where term not specified

  (3) Where an accused is convicted of an offence punishable with both fine and imprisonment and a term of imprisonment in default of payment of the fine is not specified in the enactment that prescribes the punishment to be imposed, the imprisonment that may be imposed in default of payment shall not exceed the term of imprisonment that is prescribed in respect of the offence.

• Marginal note:Cumulative punishments

  (4) The court or youth justice court that sentences an accused may direct that the terms of imprisonment that are imposed by the court or the youth justice court or that result from the operation of subsection 734(4) or 743.5(1) or (2) shall be served consecutively, when

  • (a) the accused is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed;

  • (b) the accused is found guilty or convicted of an offence punishable with both a fine and imprisonment and both are imposed;

  • (c) the accused is found guilty or convicted of more than one offence, and

    • (i) more than one fine is imposed,

    • (ii) terms of imprisonment for the respective offences are imposed, or

    • (iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence; or

  • (d) subsection 743.5(1) or (2) applies.