« Modèle:NoDischargeAvailable » : différence entre les versions
Page créée avec « If convicted under {{{1}}} a discharge is ''not available'' under s. 730(1) as it is "an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life".<!-- Conditional and absolute discharge 730. (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an off... » |
m Remplacement de texte : « s. » par « l'art. » |
||
| Ligne 1 : | Ligne 1 : | ||
If convicted under {{{1}}} a [[Discharges|discharge]] is ''not available'' under | If convicted under {{{1}}} a [[Discharges|discharge]] is ''not available'' under l'art. 730(1) as it is "an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life".<!-- | ||
Conditional and absolute discharge | Conditional and absolute discharge | ||
| Ligne 9 : | Ligne 9 : | ||
Where person bound by probation order convicted of offence | Where person bound by probation order convicted of offence | ||
(4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged. | (4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged. | ||
R.S., 1985, c. C-46, | R.S., 1985, c. C-46, l'art. 730; 1995, c. 22, l'art. 6; 1997, c. 18, l'art. 141; 2003, c. 21, l'art. 17. | ||
--> | --> | ||
Version du 22 juin 2024 à 08:09
If convicted under {{{1}}} a discharge is not available under l'art. 730(1) as it is "an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life".