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:

  • care and control/over 80
  • importing certain drugs
  • certain drug offences committed by someone previously (within the last 10 years) of serious drug offences
  • selling drugs in or near a school
  • 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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