CRM 3319 Lecture Notes - Lecture 18: Public Knowledge, Summary Offence

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The principle of restrain in relation to the use of imprisonment is entrenched in ss. 718 and 718. 2 of the criminal code. Objective 718(c): to separate offenders from society, where necessary and. 718. 3(2) states that no sentence is a minimum sentence unless it is declared to be a minimum. 726. 2 requires that judges give reasons for the (any) sentence imposed (and enter them in the record) 40,663 prison population in canada 39,623 adults and 1,040 persons under 18. Mms have been part of the criminal code since it was codified in 1892. At that time, there were 6 offences with mms for such things as committing frauds upon the government and corruption in municipal affairs. Since then, mms have not evolved in any systematic fashion. Rather, each new mms has responded to what was perceived at the time to be a serious issue of criminal law.

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