Does s. 717(4) of the English Draft Code (a) prohibit a judge from making a sentence for a second offence that is already been imposed by another judge in the case in which he is sentencing?

Alberta, Canada


The following excerpt is from R. v. Senior, 1996 ABCA 71 (CanLII):

In Paul v. The Queen, Lamer J. discussed a provision in the 1879 English Draft Code similar to s. 717(4) (a) at pp. 121 -2: Clearly, a curtailment of the judges’ sentencing powers was made through the requirement for the existence of the previous sentence at the time of the conviction for the other offence and not only at the time of the imposition of the sentence, if the two or more sentences were not imposed by the same court at the same sitting. If the sentence was imposed by a different court, or, if by the same court, not at the same sitting, it could still be made consecutive to a previous sentence but only if it had been adjudged at the time of the conviction for the second offence. And at p. 129, Lamer J. indicated that the provisions do not permit: …that a sentence be made consecutive to that imposed by another judge in another case unless that sentence had already been imposed by the other judge at the time of the conviction in the case in which he is sentencing (emphasis added)

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