Sentencing Charts

• Author: Erin Winocur/Danielle Robitaille/Maya Borooah
• Pages: 503-632



Sentencing

Charts

14

I. Assault and Related Ofences .................................... 505

A. General Principles ...................................... 505

B. Ofence Tables .........................................506

II. Sexual Assault ............................................... 518

A. General Principles ...................................... 518

B. Ofence Table .......................................... 520

III. Sexual Ofences Against Children ................................ 525

A. General Principles ...................................... 525

B. Ofence Tables .........................................527

IV. Homicide and Related Ofences ................................. 546

A. General Principles ...................................... 546

B. Ofence Tables .........................................548

V. Firearms and Other Weapons Ofences ........................... 563

A. General Principles ...................................... 563

B. Ofence Tables .........................................566

VI. Property Ofences ............................................ 577

A. General Principles ...................................... 577

B. Ofence Tables .........................................578

VII. Fraud Ofences .............................................. 590

A. General Principles ...................................... 590

B. Ofence Tables .........................................592

VIII. Driving Ofences ............................................. 597

A. General Principles ...................................... 597

B. Ofence Tables .........................................600

IX. Controlled Drugs and Substances Act Ofences .................... 615

A. General Principles ...................................... 615

B. Ofence Tables .........................................617

Copyright © 2024 Emond Montgomery Publications. All Rights Reserved.

Sentencing: Principles and Practice

Sentencing is an individualized process that requires balancing the circumstances

of an oence and of an oender to craft a proportionate sentence.1 A proportionate

sentence is one that takes into account both the gravity of the oence and the moral

blameworthiness of the oender. Sentencing is a delicate task where “sentences that

are too lenient and sentences that are too harsh can undermine public confidence in

the administration of justice.”2

A just and proportionate sentence is one that instills confidence in the fairness and

rationality of the justice system.3 Sentencing alone cannot be targeted at eradicating

all criminal behaviour; rather, it is one link in the chain of criminal justice and crime

prevention interventions intended to protect society. Sentencing must be focused on

imposing just sanctions in the circumstances of each individual case.4

This chapter provides outlines of sentences for some of the more commonly pros-

ecuted oences in the Criminal Code. The cases included are meant to provide an

entry point to understand the range of sentences for the oences below and the fac-

tors that courts often consider in determining proportionate sentences.

To ensure proportionality, a court must reconcile the individualized nature of and

parity in sentencing.5 Several of the cases included in the charts refer to sentenc-

ing ranges, guidelines, or starting points. Sentencing ranges are helpful for ensuring

parity in sentencing.6 However, parity cannot be prioritized over an individualized

or proportionate sentence. The ranges for each oence will vary across provinces,

as does the approach to sentencing ranges and starting points. For that reason, ref-

erences to these appellate guides should be treated as jurisdictionally specific. For

a detailed discussion of appellate court guidance on the appropriate use of starting

points and guidelines in sentencing, see Chapter 1, General Principles.

The length of sentence included in the charts is for the sentence imposed before

any credit for time served. Where appropriate, and for certain oences, ancillary

orders are included but are not generally canvassed. Ancillary orders are discussed in

detail in Chapter 8, Ancillary Orders.

1 The authors would like to acknowledge the influence and contributions of Daniel Brown &

Jill Witkin, Prosecuting and Defending Sexual Oence Cases, 2nd ed (Toronto: Emond, 2020);

Jonathan Shime, Ian Smith & Grace Hession David, Prosecuting and Defending Fraud Cases,

2nd ed (Toronto: Emond, 2020); Karen Jokinen & Peter Keen, Impaired Driving and Other

Criminal Code Driving Offences, 2nd ed (Toronto: Emond, 2023); and Jeremy Streeter,

Nathan Gorham & Breana Vandebeek, Prosecuting and Defending Drug Cases:A Practitioner’s

Handbook, 2nd ed (Toronto: Emond, 2019).

2 R v Lacasse, 2015 SCC 64 at para 12.

3 R v Nur, 2015 SCC 15 at para 43.

4 Lorfanor c R, 2023 QCCA 449 at paras 40-41.

5 Lacasse, supra note 2 at para 53.

6 Ibid at para 57.

Copyright © 2024 Emond Montgomery Publications. All Rights Reserved.

Chapter 14 Sentencing Charts 

I. Assault and Related Offences

A. General Principles

Assault oences capture a variety of circumstances, from mundane and petty alterca-

tions to egregious violence. Assault is “a serious oence because it serves a crucial

role, protecting the physical integrity of persons.”7 However, a simple assault does

not require harm and, as a general intent oence, requires a minimal amount of moral

blameworthiness to form a conviction.8

Indicative of the gravity of the oence, Parliament designated a five-year maxi-

mum sentence for assaults prosecuted by indictment and two years less a day when

the Crown proceeds summarily.9 Non-custodial sentences and discharges are typical

outcomes for many simple assaults, particularly for first-time oenders where the

principle of restraint may justify a discharge to avoid a conviction.

In our experience, a first-time oender who committed an oence that was limited

in time and at the low end of seriousness may have charges resolved in variety of ways

that do not include custody or conviction, such as through a withdrawal or stay with

or without a peace bond, by way of discharge, or by some creative combination of

diversion and restorative justice. Given the informal nature of many of these resolu-

tions, they are not fully captured in the sentencing jurisprudence. As such, the charts

below do not represent the true low end of the sentencing ranges for assault oences.

More serious or lengthy sentences for simple assault often arise where the oence

is charged in combination with another oence that has a more serious impact, or

where the oender has a significant history of violent oending. The extent of injury

and harm to the victim or where a victim is particularly vulnerable can increase the

length of a sentence or require a more serious penalty.

Assault with a weapon or causing bodily harm and aggravated assault represent

increases on the scale of seriousness from a simple assault. Parliament makes that

clear in providing for increased maximum penalties on each charge: 10 years for

assault with a weapon or causing bodily harm10 and 14 years for aggravated assault.11

The sentencing principles overall are similar for assault with a weapon or caus-

ing bodily harm and aggravated assault.12 The sentencing case law generally reflects

the increased gravity of these oences, making periods of incarceration a more com-

mon outcome, which should be expected, particularly for aggravated assault. The

7 R v Michael, 2014 ONCJ 360 at para 26.

8 Ibid at para 26.

9 Criminal Code, s 266.

10Criminal Code, s 267.

11Criminal Code, s 268.

12R v Seerattan, 2019 ONSC 4340 at para 35.

Copyright © 2024 Emond Montgomery Publications. All Rights Reserved.