5. Learn about mandatory minimum sentences

Some criminal offences have a specific type or length of that must be given. These are minimum sentences that the government has decided is appropriate for a particular crime. The Criminal Code will say if a mandatory minimum sentence applies.

Some examples of crimes with mandatory minimum sentences are:

  • second driving conviction
  • using a firearm in an connected to a criminal organization
  • murder

Where a mandatory minimum sentence doesn't apply, the judge decides your sentence based on:

  • suggestions by your lawyer and the Crown at the sentencing hearing
  • sentencing principles in the Criminal Code
  • the sentences other people have received in similar circumstances
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