Terrorism Offences (Sentencing): Difference between revisions
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[[fr:Infractions_terroristes_(détermination_de_la_peine)]] | |||
{{Currency2|January|2020}} | |||
{{LevelZero}}{{HeaderSentencing}} | {{LevelZero}}{{HeaderSentencing}} | ||
==General Principles== | |||
The emphasis on sentencing for terrorist offences must be one denunciation and deterrence.<ref> | |||
{{CanLIIRP|Hersi|hxg87|2019 ONCA 94 (CanLII)|373 CCC (3d) 229}}{{perONCA-H|Doherty JA}}{{atL|hxg87|51}}<br> | |||
{{CanLIIRP|Khalid|2f03x|2010 ONCA 861 (CanLII)|183 OR (3d) 600}}{{TheCourtONCA}}<br> | |||
{{CanLIIRP|Amara|2f040|2010 ONCA 858 (CanLII)|266 CCC (3d) 422}}{{TheCourtONCA}}<br> | |||
{{CanLIIRP|Khawaja|2f041|2010 ONCA 862 (CanLII)|103 OR (3d) 321, aff’d 2012 SCC 69, [2012] 3 SCR 555}}{{TheCourtONCA}}<br> | |||
</ref> | |||
{{reflist|2}} | |||
==Maximum Life Sentences for Terrorist Activities== | ==Maximum Life Sentences for Terrorist Activities== | ||
{{ | {{quotation2| | ||
; Punishment for terrorist activity | |||
83.27 (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life. | 83.27 (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life. | ||
<br> | <br> | ||
; Offender must be notified | |||
(2) Subsection (1) does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought. | (2) Subsection (1) {{AnnSec0|83.27(1)}} does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought. | ||
<Br> | <Br> | ||
2001, c. 41, s. 4. | {{LegHistory00s|2001, c. 41}}, s. 4. | ||
| | {{Annotation}} | ||
|{{CCCSec2|83.27}} | |||
|{{NoteUp|83.27|1|2}} | |||
}} | }} | ||
Latest revision as of 10:33, 26 July 2024
| This page was last substantively updated or reviewed January 2020. (Rev. # 95958) |
General Principles
The emphasis on sentencing for terrorist offences must be one denunciation and deterrence.[1]
- ↑
R v Hersi, 2019 ONCA 94 (CanLII), 373 CCC (3d) 229, per Doherty JA, at para 51
R v Khalid, 2010 ONCA 861 (CanLII), 183 OR (3d) 600, per curiam
R v Amara, 2010 ONCA 858 (CanLII), 266 CCC (3d) 422, per curiam
R v Khawaja, 2010 ONCA 862 (CanLII), 103 OR (3d) 321, aff’d 2012 SCC 69, [2012] 3 SCR 555, per curiam
Maximum Life Sentences for Terrorist Activities
- Punishment for terrorist activity
83.27 (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.
- Offender must be notified
(2) Subsection (1) [terrorist activity – punishment] does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought.
2001, c. 41, s. 4.
[annotation(s) added]
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